WRITTEN QUESTION E-1253/00

by Cristiana Muscardini (UEN) and Francesco Turchi (UEN) to the Commission

(14 April 2000)

Subject: Guidelines of 19 July 1999 (COM(1999) 372 final) concerning the free movement of Community citizens in the European Union

The question of simple expulsions and refusal to grant the right of residence is an issue of concern to Italians in Germany who, although they are Community citizens, are sometimes penalised by a law used primarily in Baden-Württemberg and Bavaria which is in breach of Article 18(1) of the Treaty, which gives all citizens of the European Union the right to move and reside freely in the territory of the Member States.

However, it emerges that there are a number of serious mistakes in the German text of the guidelines for the interpretation of Directive 64/221(1) in the Commission communication to the Council and the European Parliament on the special measures concerning the movement and residence of citizens of the Union which are justified on grounds of public policy, public security or public health (COM(1999) 372 final) compared with the original French version.

Consequently, Community citizens who live in a country where the German version of the directive applies are penalised enormously.

The section of the text at issue is the German translation of Part I, Section 2.2 Principles and fundamental rights and Part II, Section 3 Guidelines for application.

Can the Commission take urgent action to cancel or amend the sections concerned, which, as they stand, penalise and will continue to penalise the Italian community living and working in Germany?

(1) OJ 56, 4.4.1964, p. 857.

Answer given by Mr Vitorino on behalf of the Commission

(22 May 2000)

Several complaints and petitions have drawn the Commission's attention to the fact that Germany has expelled a large number of Italian citizens on grounds of public order. As has already been recalled several in communications to Parliament's Committee on Petitions, infringement proceedings have been started against the German authorities. The Committee on Petitions is kept up to date on developments.

The Commission Communication to the Council and the European Parliament on the special measures concerning the movement and residence of citizens of the Union which are justified on grounds of public policy, public security or public health(1) is not a legally binding act. Guarantees for Community citizens and the limits to public order measures (in particular expulsions) set for the Member States do not flow from the communication but directly from the Treaty and Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health(2), as interpreted by the Court of Justice.

The Commission regrets that differences occurred in the German translation; it is revising the text in line with the original. The new version will be published as soon as possible and will replace the current version on the Internet:

http://europa.eu.int/comm/internal_market/en/people/right/index.htm).

(1) COM(1999) 372 final.

(2) OJ 56, 4.4.1964.