WRITTEN QUESTION E-3404/00

by Cristiana Muscardini (UEN) and Gianfranco Fini (UEN) to the Commission

(7 November 2000)

Subject: Combating racism and xenophobia in Germany

Together with combating racism, exclusion, intolerance and xenophobia, safeguarding human rights represents the European Union's highest-priority task. At present, however, the protection of human rights is at odds with the treatment suffered by Italian citizens who have emigrated to Germany and whose rights are being violated, particularly in the southern Länder, by State authorities, who are continuing to interpret Community legislation in a distorted manner, ordering multiple deportations and even refusing to recognise the right of residence.

In view, in particular, of the infringement proceedings the Commission has begun against Germany for serious violations in implementing the right of residence and of movement, how does the Commission intend to act to ensure that the rights of Italian citizens living and working in Germany are respected?

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.