WRITTEN QUESTION No. 1903/98 by Anne McINTOSH to the Commission. Common fisheries policy
Date: 1998-06-16
Institutions: European Parliament, MCINTOSH
Subjects: Finland, North Sea, Portugal, Spain, Sweden, common fisheries policy, fishing area, fishing regulations

C 13/114

Official Journal of the European Communities

EN

18.1.1999

arrangements do not apply if, for instance, a person is involved in a civil action outside the Member State of
which he or she is a citizen. Will the Commission therefore state:

1. Whether it is correct to say that, basically, private individuals in the EU have access to legal aid in respect of
proceedings only in the Member State of which they are citizens and, even then, only if special arrangements
exist in that Member State for providing such aid?

2. Whether it agrees that this situation is an obstacle to free movement within the internal market?

3. Whether it is able to take any steps to remedy this situation, and whether such steps have been taken?

Answer given by Mr Monti on behalf of the Commission

(29 July 1998)

Legal aid in proceedings before national courts is governed by the laws of the Member States. However access to
justice is a corollary to the freedoms of the EC Treaty and Article 6 of the EC Treaty prohibits discrimination on
grounds of nationality. As a consequence, Union citizens must, in the exercise of their rights under the Treaty,
have access to justice including access to possible legal aid, without discrimination on the basis of their
nationality.

Divergences in legal aid offered by various Member States cannot be regarded as discrimination in the meaning
of Article 6 as long as legal aid is offered according to objective criteria and without regard to nationality.

As guardian of the Treaty the Commission may intervene if there are issues of discrimination prohibited under
Article 6 or other infringements of Community law. However, the Commission is not aware that any Member
State would discriminate against nationals of other Member States as regards access to legal aid.

(1999/C 13/161)

WRITTEN QUESTION E-1901/98

by Glenys Kinnock (PSE) to the Commission

(16 June 1998)

Subject: Victim support in the EU

Would the Commission state whether organizations exist in Member States to support victims of crime through
counselling, supporting attendance at court, obtaining criminal compensation, and assisting families affected as a
result of crime?

Answer given by Mrs Gradin on behalf of the Commission

(17 July 1998)

The Commission is aware of the existence of victim support organizations in most if not all Member States. They
are all structured in different ways, depending on a broad range of reasons including their relationship with the
national victim support schemes. The Commission would refer the Honourable Member to the European forum
for victims services, an umbrella organization with participant organisations in most Member States.

(1999/C 13/162)

WRITTEN QUESTION E-1903/98

by Anne McIntosh (PPE) to the Commission

(16 June 1998)

Subject: Common fisheries policy

Will the Commission confirm that Finland, Sweden, Portugal and Spain will have unrestricted access to the North
Sea after 2002?