WRITTEN QUESTION No. 1425/96 by Sérgio RIBEIRO to the Commission. Action by the German police against Portuguese trade unionists
Date: 1996-06-06
Institutions: European Parliament, RIBEIRO
Subjects: Germany, Portugal, anti-discriminatory measure, cruel and degrading treatment, equal treatment, free movement of workers, migrant worker, police, trade union, xenophobia













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91996E1425

WRITTEN QUESTION No. 1425/96 by Sérgio RIBEIRO to the Commission. Action by the German police against Portuguese trade unionists  


Official Journal C 345 , 15/11/1996 P. 0067 





WRITTEN QUESTION E-1425/96 by Sérgio Ribeiro (GUE/NGL) to the Commission (6 June 1996)Subject: Action by the German police against Portuguese trade unionistsOn more than one occasion I have asked the Commission about the situation of Portuguese workers in Germany, who either had been contracted by agencies 'trafficking in labour' or were fulfilling subcontracting arrangements involving obvious wage discrimination and dubious safety and hygiene conditions at work or had been victims of racist violence.However, a recent incident gives more serious grounds for concern than the previous ones. In a context in which the free movement of workers has been institutionalized, and in which positive progress is being made through directives against unequal treatment arising from the posting of workers, it is unacceptable for violence to be perpetrated by representatives of the authorities. In one recent case, the victims were Portuguese trade unionists conducting a campaign to provide Portuguese workers with information, contacts and advice.On 25 April 1996, in the hotel in Munich where they were staying, two trade unionists and an interpreter were accosted by a group of thirteen individuals who identified themselves as police officers, three of whom were in uniform. After they had identified themselves, they 'moved into action': jostling, behaving rudely and aggressively and confiscating photograph films and documents which the trade unionists had in their hotel room.Is the Commission aware of these serious incidents and should it not ask the German Government to give an explanation for these events?Answer given by Mr Flynn on behalf of the Commission (15 July 1996)The Commission has no knowledge of the incidents referred to by the Honourable Member.Community social policy guarantees the principle of equal treatment for migrant workers. Regarding posted workers, on 3 June 1996 the Council adopted a common position on a proposal for a Directive ((OJ C 187, 9.7.1993. )). The objective of this proposal for a Directive is to ensure that workers posted to another Member State are not deprived of protection afforded by certain mandatory rules of labour law in force in that Member State.However, in the case in point, the complaints refer less to non-compliance with Community provisions than to the manner in which the trade unionists concerned were treated by police officers in Germany. The Commission feels that any act of violence is liable to infringe the fundamental values or liberties which are common to all Member States and that it is the duty of the authorities, in the context of the law and internal practices of Member States, and taking account of the specific nature of the situations in question, to ensure respect for those fundamental values or liberties, which form the basis for the rule of law.