WRITTEN QUESTION No. 3996/97 by Friedhelm FRISCHENSCHLAGER to the Commission. Free movement of workers
Date: 1998-01-14
Institutions: European Parliament, FRISCHENSCHLAGER
Subjects: Autonomous Province of Bolzano, acquisition of property, building subsidy, discrimination on the basis of nationality, family benefit, free movement of workers, residence, right of establishment

C 196/50

EN

Official Journal of the European Communities

22. 6. 98

As the Honourable Member will know, Tunisia was the first Mediterranean country to sign a new Euro-Med
Association Agreement. This Agreement establishes a political dialogue which allows both parties to discuss
openly a range of political issues, including human rights. Furthermore, it includes a (cid:145)human rights clause(cid:146) which
stipulates that bilateral relations, (cid:145)as well as the provisions of the Agreement itself, shall be based on respect for
human rights and democratic principles which guide their domestic and international policies and constitute an
essential element of the Agreement(cid:146).

As a delegation from the European Parliament recently did, the Council has raised and will continue to raise the
question of human rights and fundamental freedoms, both in general terms and with respect to specific cases,
including that of Khe·ma(cid:14)¤s Ksila, reminding its Tunisian interlocutors of their human rights responsibilities and
undertakings in the framework of both the EC-Tunisian Agreement and the Barcelona Process.

(98/C 196/68)

WRITTEN QUESTION E-3996/97

by Friedhelm Frischenschlager (ELDR) to the Commission

(14 January 1998)

Subject: Free movement of workers

During  the  past  30  years  the  autonomous  province  of  Bolzano-Bozen  (Italy)  has  adopted  for  its  territory  an
extensive series of legal and administrative provisions concerning grants from public funds towards the purchase
of  property  for  use  as  a  main  residence,  and  other  housing  assistance  (including  the  provision  of  subsidized
building land, rent subsidies, crisis payments, etc.) for low-income families and individuals.

Apart from financial need, the main criterion on the basis of which subsidies are granted and their level fixed is
the  length  of  time  that  the  recipient  has  resided  within  the  territory  of  the  autonomous  province  of
Bolzano-Bozen (Article 4, regional law No 4 of 2 April 1962). Residence in other EC Member States is not taken
into account.

Is the Commission aware of this arrangement?

Does the Commission take the view that this arrangement, particularly in so far as it applies to workers from
other  Community  Member  States,  is  consistent  with  the  ban  on  discrimination  in  Community  law  and,  in
particular, with Article 9 of Council Regulation 1612/68/EEC (1) of 15 October 1968, particularly with respect to
the  long  period  of  residence  required?  If  the  Commission  takes  the  view  that  this  arrangement  violates
Community law, can it say what steps it has taken, or will take, to ensure that Community law is complied with?

(1)  OJ L 257, 19.10.1968, p. 2.

Answer given by Mr Flynn on behalf of the Commission

(24 February 1998)

The Commission will ask the Italian authorities to provide full details of the arrangement in question. These
details will make it possible to establish whether the situation described by the Honourable Member constitutes
indirect discrimination against a Community worker in comparison with an Italian worker.