WRITTEN QUESTION P-3394/00

by Sebastiano Musumeci (UEN) to the Commission

(25 October 2000)

Subject: Expulsion of a Sicilian family from Germany

It is reported in the Sicilian newspaper Il Giornale di Sicilia that a family of Sicilians comprising husband, wife and four children aged between 9 months and 14 years has been expelled by the German authorities after the head of the family lost his job following an accident. At 5 o'clock in the morning the German police came for the family and took them to Stuttgart airport, where they were stripped naked and searched, and then unceremoniously bundled on to an aircraft bound for Milan.

As has already occurred in other, similar cases, the action taken by the German authorities was apparently prompted by the fear that the man, who suddenly found himself without any means of support, might submit an application for Sozialhilfe (social benefits), to which not only Germans but also all non-Community persons arriving in Germany are entitled.

This constitutes a clear infringement of the right of establishment, which is one of the cornerstones of the EC Treaty.

What action can the Commission take in order to ensure that there is no recurrence of the kind of regrettable incident described above?

Is the Commission aware of the case involving another Italian citizen Francesco Vidimar who was expelled from Germany following action taken by the Stuttgart Office for Public Order, in the words of which Mr Vidimar had for a long time been receiving continuous benefit payments, for which reason he is no longer covered by the rules on freedom of movement but is subject to the general laws applicable to foreigners?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 November 2000)

The Commission is not aware of the specific situation reported in the Sicilian press and outlined by the Honourable Member. However, the Commission has previously been made aware, through individual complaints and petitions to the Parliament, of threats in certain German Länder (in particular Baden-Württemburg) to expel Community nationals who had been migrant workers and who claimed social assistance when they became involuntarily unemployed.

Where involuntary unemployment is confirmed by the competent employment office in accordance with Article 7(1) of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families(1), a current and valid residence card may not be withdrawn as the person effectively retains his status of worker during the period of involuntary unemployment.

When the residence card is first renewed, the national authorities may restrict its validity to 12 months if the person is involuntarily unemployed. The Commission's view is that no such restriction is possible at the second and subsequent renewals of the residence card, regardless of the fact that the person may still be involuntarily unemployed.

There was an exchange of letters between the Commission and the German authorities in 1998 at which time the German federal authorities said they shared the Commission's view and would write accordingly to the Länder. Further complaints indicated that the authorities at Länder level were still acting contrary to Community law, so the Commission has recently written again to the German federal authorities asking that they ensure that Community law is complied with in respect of this problem. The German authorities have not yet replied to this letter.

The Commission is aware of the case of Francesco Vidimar, whose petition (No 646/99) to the Parliament was discussed by the petitions committee on 6 November 2000.

(1) OJ L 257, 19.10.1968.