WRITTEN QUESTION No. 2523/96 by Roberta ANGELILLI to the Commission. Illegal payment of pensions to former Yugoslavs
Date: 1996-09-23
Institutions: ANGELILLI, European Parliament
Subjects: Italy, Yugoslavia, competence of the Member States, foreign national, interpretation of the law, national law, national service, pension scheme, social security, war crime













EUR-Lex - 91996E2523 - EN






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91996E2523

WRITTEN QUESTION No. 2523/96 by Roberta ANGELILLI to the Commission. Illegal payment of pensions to former Yugoslavs  


Official Journal C 060 , 26/02/1997 P. 0149 





WRITTEN QUESTION P-2523/96 by Susan Waddington (PSE) to the Commission (23 September 1996)Subject: Illegal payment of pensions to former YugoslavsOn 18 November 1976, Division II DS of the Italian Ministry of Employment issued a circular with the reference number E 1/37/81189 by the then Minister of Employment, Tina Anselmi (currently under investigation by the Public Prosecutor's Office in Rome) to the effect that periods of military service in Italy could be taken into account for the purpose of calculating the period over which social security contributions had been paid even in the case of foreign citizens (in this particular instance, Yugoslav citizens residing in Istria and Dalmatia). This circular was issued on the basis of an anomalous interpretation of Article 13 (2)(d) of EEC Regulation No 1408/71 ((OJ L 149, 5.7.1971, p. 2. )) on the application of social security schemes to employed persons and their families moving within the Community.Would the Commission verify the accuracy and legality of that interpretation of the Community legislation in question, since it allows account to be taken, when determining an individual's pension entitlement, not only of periods of ordinary military service (as referred to specifically in the regulation), but also of periods spent in partisan organizations, without any proviso (such as that applying to ex-servicemen from the Upper Adige who served in the German army) that the person in question should not have committed any acts of terrorism or torture, as in the case of various former partisans living in the territory of former Yugoslavia who receive a regular ex-servicemen's pension from Italy even though they are acknowledged to have been responsible for a series of mass executions that took place in North East Italy, and in some instances have been found tried and sentenced by default for those crimes?Answer given by Mr Flynn on behalf of the Commission (16 October 1996)The Commission wishes to draw the Honourable Member's attention to the fact that Regulation No 1408/71 ((OJ L 149, 5.7.1971; consolidated version: OJ C 325, 10.12.1992. )), referred to in the question, aims at coordinating the application of the various social security schemes existing in the Community. In no way does it impinge on the Member States' freedom to lay down the rules governing their own social security schemes.Moreover, by virtue of Article 2, this Regulation does not apply to nationals of third countries who are not members of the family of a Community national.The legal status of this category of persons in regard to social security depends on domestic law and on the agreements concluded by the Member States.However, as regards relations with third countries, there is nothing to stop Member States from adopting rules similar to the provisions of Community law in bilateral agreements applicable to nationals of third countries.Hence the question raised by the Honourable Member concerns domestic law and not Community law.