WRITTEN QUESTION No. 1927/98 by Roberta ANGELILLI to the Commission. Morabito case in Italy
Date: 1998-06-18
Institutions: ANGELILLI, European Parliament
Subjects: EU competence, European Convention on Human Rights, Italy, human rights, legal action

22.2.1999

EN

Official Journal of the European Communities

C 50/117

(1999/C 50/169)

WRITTEN QUESTION E-1927/98

by Roberta Angelilli (NI) to the Commission

(18 June 1998)

Subject: Morabito case in Italy

On 5 October 1995 Mr Domenico Morabito, 40 years old, was killed in a police car belonging to the Carabinieri a
few minutes after his arrest. Nearly three years after the event the killers have still not been identified and nothing
has been done to compensate the victim(cid:146)s widow and dependent children. At the same time, the victim(cid:146)s father,
Giuseppe Morabito, has been tried three times for the same alleged crimes despite the fact that the charges against
him are based on evidence from pentiti (former criminals turned informers) that has been shown to be false by
investigations carried out by the Carabinieri.

In the light of the above facts:

1. Does the Commission not consider that the Morabito case may constitute a violation of the European

Convention on Human Rights?

2. Does it agree that the case could be brought before the European Court of Human Rights?

3.

In how many and what cases has Italy been found guilty by the Court of Human Rights of violations of
human rights?

4. Does the Commission not consider that it would be appropriate to reprimand Italy for the cases in which it

has been found guilty by the Court of Human Rights?

5. Will it give its overall views on this affair?

Answer given by Mr van den Broek on behalf of the Commission

(10 July 1998)

1.
The Commission has no power to examine complaints of a possible violation of the European Convention
on Human Rights by a Member State if the legislation in question or the acts of the national authorities are not
covered by Community law.

It is not for the Commission to bring possible violations of the European Convention on Human Rights to

2.
the attention of the European Court of Human Rights.

Information on cases in which Italy has been found guilty by the European Court of Human Rights should

3.
be requested from the Court.

4.
The Commission is firmly committed to upholding human rights throughout the world. However, the
Treaties did not confer upon the Union general powers to ensure respect for fundamental rights. It is competent
only in that regard in terms of applying Community law, which is based on respect for fundamental rights. It
therefore considers that it would be exceeding its powers by raising with the Italian authorities cases in which
they have been found guilty by the Court.

Although it regrets the occurrences referred to by the Honourable Member, the Commission is not in a

5.
position to make an overall judgment on the cases he raises.

(1999/C 50/170)

WRITTEN QUESTION E-1929/98

by Roberta Angelilli (NI) to the Commission

(18 June 1998)

Subject: Ownership of farmland in Romania

In Romania, under Law 187 of 1945, all owners of farmland of more than 50 hectares were expropriated and their
land given to peasants. In 1948, it was decided that all farmland, including farmland belonging to peasants, would
be farmed by cooperatives and state-run enterprises. This was accompanied by the confiscation of the holdings of
less than 50 hectares that had not been affected by the 1945 expropriation law.

In 1991, individual ownership of farmland was reintroduced, but only for Romanian citizens domiciled in
Romania.