WRITTEN QUESTION E-1069/00

by Koldo Gorostiaga Atxalandabaso (NI) to the Council

(6 April 2000)

Subject: Breach of Articles 2(4) and 6(2) of the Treaty of Amsterdam

The Austrian coalition government has been the target of intense criticism since taking office last February. In a clear bid to underline EU public opinion, thousands of Europeans marched through the streets of Vienna, encouraged by the global backing of all the EU institutions.

On 11 March 2000, at the Spanish-French border that separates Basque people, Paris sent police forces to hinder the passage of Basque citizens going to a popular march in the northern town of Bayonne. The goal of this gathering was to denounce the dispersal of Basque political prisoners all over France and Spain and the violation of their rights and those of their relatives. The French Government, with full agreement from Madrid, put into force Article 2 of the Schengen Convention that exceptionally allows border close downs. Paradoxically, we witness that, while the Vienna march was encouraged, that of Bayonne was forbidden.

1. Can the EU Member States tell European citizens which human rights they are allowed to defend?

2. Can the Schengen provisions, as used by the French Government, thoroughly revoke fundamental rights as guaranteed by the European Convention on Human Rights and the very principle of free movement of persons inside the EU?

3. Can the Basques live in an EU without their internal iron curtain?

Reply

(8 June 2000)

The Council would inform the Honourable Member that in accordance with Article 2(2) of the Schengen Convention if public policy or national security require immediate action a Member State may temporarily reinstate checks at its borders and at the earliest opportunity shall inform the other Member States.

The free movement of persons established by the Treaty establishing the European Community (TEC) and the exercise of the fundamental human rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) may therefore be restricted when the Member States exercise their responsibilities under such circumstances (see Article 64(1) of the TEC and Articles 10(2) and 11(2) of the ECHR).

Under such circumstances and in accordance with the decision SCH/Com-ex (95) 20 rev. 2 of 20 December 1995 of the Executive Committee set up by the Schengen Convention, which has been integrated into the framework of the European Union, the French Government notified the Council of its decision to reinstate temporarily, that is on 11 March 2000, checks on persons at the Franco-Spanish land border for reasons of public policy. The Council acknowledged that notification.

Neither the Council nor the Commission, as guardian of the TEC, have seen any reason to question the French Government's decision.

In this context, the Council would remind the Honourable Member that, in any event, responsibility for maintaining law and order on the territory of the Member States of the European Union falls within the exclusive competence of the authorities of each Member State. The Council is not authorised to take a position on a matter which does not fall within the scope of the powers conferred upon it by the Treaties.