WRITTEN QUESTION E-3408/00

by Armando Cossutta (GUE/NGL) to the Commission

(7 November 2000)

Subject: Deportation of Italian citizens by Germany

Last spring an Italian family living in Baden-Württemberg was deported by Germany because the head of household had lost his job.

The couple had moved with their four children to the German Land just over a year earlier, with a standard employment contract, but after an accident the head of household had had to leave his new job and together with his pregnant wife found temporary employment in a cleaning firm.

Despite this, one morning the police took the whole family, searched the two spouses as if they were major criminals and loaded the family onto the first plane for Italy without even allowing them to collect their personal belongings or bottles for the small children.

1. What steps does the Commission, as custodian of the Treaties, intend to take with regard to this serious instance of breach of Article 2 of the Treaty on European Union and of other legislation in force which guarantees the free movement of persons and workers?

2. How does the Commission intend to react in view of the fact that actions such as these are becoming routine in some German Länder?

3. Since it has already opened infringement proceedings against these barbaric deportation methods, does the Commission not consider that it should adopt a more active role to ensure that actions such as these are not repeated?

4. Can the Commission say whether Community legislation concerning the free movement of persons and workers makes provision for sanctions against Member States which do not comply with the law? In the event that there is no provision for such sanctions, does the Commission not believe that sanctions should be added, as additional means to discourage breach of the laws and the racism which is unfortunately present even among the authorities, in this case those of the Federal Republic of Germany?

Joint answer to Written Questions E-3404/00, E-3405/00, E-3406/00 and E-3408/00 given by Mrs Diamantopoulou on behalf of the Commission

(22 December 2000)

The Commission is not aware of the specific situation concerning the Sicilian family outlined in the Honourable Members' questions. If the Honourable Members could provide details of the case to the Commission, it could investigate further.

The Commission would refer the Honourable Members to its answer to Written Question P-3394/00 by Mr Musumeci(1) for an explanation of Community law on the renewal and withdrawal of residence permits as well as an explanation of the correspondence between the Commission and the German authorities on this subject. The German authorities have replied to the letter mentioned in the answer to Written Question P-3394/00 and have assured the Commission that they have written to the authorities at Länder level, who in turn have informed their authorities responsible for foreigners.

The Commission has taken infringement proceedings against Germany on the related topic of the expulsion of Italians from Germany for alleged public order offences. Other than launching infringement proceedings the Commission has no power to take other action to require a Member State to comply with Community law. There are no specific sanctions for breach of the rules on free movement of workers other than those which apply generally in the case of a breach of Community law. Union citizens who are involuntarily unemployed are entitled to social assistance, and must not be expelled from the territory for that reason.

The right to free movement of workers is a fundamental right under Community law. Any citizen who feels his right to free movement has been breached may complain to the Commission or petition the Parliament. He may also start proceedings before national courts alleging that national authorities have breached his Community law rights and are thus liable to compensate him(2).

The Commission is forwarding directly to the Honourable Members and to the General secretariat of the Parliament its report on Member States' legal provisions to combat discrimination for information on the measures introduced by Germany to combat racism, intolerance and xenophobia.

(1) OJ C 136 E, 8.5.2001, p. 229.

(2) See Cases C-9/90 Francovich [1991] ECR I-5357 and C-48/93 Brasserie du Pêcheur [1996] ECR I-1029.