EN Official Journal of the European Union CE 84/542

(2004/C 84 E/0619)

WRITTEN QUESTION E-0186/04

by Maurizio Turco (NI) to the Commission

(29 January 2004)

Subject: Infringement of religious freedom in Italy, Spain and Portugal

Given the provisions contained in the EU Charter of Fundamental Rights with regard to religious freedom and cultural and religious diversity, and Article 6(1) and (2) of the TEU, and the fact that the International Report on Religious Freedom drawn up annually by the US State Department contains the following details in its 2003 edition:

— The 1984 Concordat between the Italian Government and the Catholic Church grants the latter privileges including the selection of state-paid teachers who provide religious instruction in public schools, which other confessions do not enjoy;

— The Catholic faith is not a state religion, [but] its role as a dominant religion gives rise to problems', one area of conflict being that when certain Italian Catholic politicians joined the Pope in demanding that the European Constitution include an explicit recognition of Europe's Christian heritage; in January 2002 the Pope called on Italian lawyers to boycott divorce cases, and in June 2002, the Italian Parliament adopted legislation, with Vatican approval, banning the use of donated sperm for artificial insemination purposes;

— The Spanish Government provides little assistance to Protestant and Muslim leaders for public and religious education; likewise, there have been cases in which certain officials have refused permission to Muslim spiritual leaders to provide religious services in prisons, although this is habitually granted to Catholic clergy;

— In Portugal, the Church of Scientology cannot appeal to the Law on Religious Freedom of 2001, because that law demands that any church must have been established in Portugal for 30 years, and have been internationally recognised for 60 years.

Is the Commission aware of the facts set out above,

— and, if it has considered and assessed them, what conclusions has it reached?

— does the Commission believe that the facts set out are incompatible with the TEU, particularly as regards the respect of fundamental rights demanded by Article 6?

— does the Commission believe that the Concordat between Italy and the Holy See is incompatible with Article 307 of the TEC, given that Italy has not taken ‘all appropriate steps to eliminate the incompatibilities’?

— finally, does the Commission not believe that the instances denounced in the US report violate the rights guaranteed in Articles 10 and 22 of the EU Charter of Fundamental Rights?

Answer given by Mr Prodi on behalf of the Commission

(11 March 2004)

As suggested in the report referred to by the Honourable Member, the laws of Member States may, under certain circumstances, attribute a particular status to certain churches. To the extent of the knowledge of the Commission this does not constitute an infringement of either national or of EU law. The Commission draws moreover the attention of the Honourable Member to declaration No 11 annexed to the Treaty of Amsterdam which states that ‘the EU respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States’. This provision has now been taken up by the article I-51 of the draft Constitution submitted by the European Convention to the present Inter-Governmental Conference (IGC).