WRITTEN QUESTION No. 2582/98 by Ernesto CACCAVALE to the Commission. Possibility of taking action to rehabilitate the recipients of notices of protest in Italy
Date: 1998-09-01
Institutions: CACCAVALE, European Parliament
Subjects: European Central Bank, Italy, banking, competence of the Member States, credit, financial solvency, illicit trade

29.4.1999

EN

Official Journal of the European Communities

C 118/81

3. What role might the European Central Bank play in overseeing the ability of private individuals in

general to make use of credit?

4. Does the Commission not believe that it should consider what specific measures might be taken to
deal with the Italian case, given that a huge number of individuals and entrepreneurs (about a quarter
of the adult population) are to all intents and purposes excluded from wealth creation, leading to the
inevitable consequences for the economy and employment?

5. What is the Commission(cid:146)s general view on the matter raised above?

(1999/C 118/102)

WRITTEN QUESTION E-2582/98

by Ernesto Caccavale (UPE) to the Commission

(1 September 1998)

Subject: Possibility of taking action to rehabilitate the recipients of notices of protest in Italy

In Italy the SNARP (national association set up to combat usury and rehabilitate the recipients of notices of
protest) has repeatedly drawn the attention of the general public to the fact that under current Italian
legislation governing credit transactions, which is unique in Europe, more than 12 million businessmen,
craftsmen, professional people and ordinary citizens, who have been the subject of protests in respect of
bills of exchange and cheques, are in effect excluded from bank transactions and hence from dealing in
euros, in that at least until the entry into force of the new European currency, transactions in euros may
only be carried out by persons or entities holding a current account in a bank.

In view of this situation in the European Union, Italy has in effect lost approximately 25 % of its
economically active population, since out of an electorate of 42 million people, 12 million citizens have
been registered as being the subject of protests in the last ten years. These may include potential
entrepreneurs, who thus suffer discrimination and whose personal freedom to do business is restricted.

In view of the openness and scale of the European market, those who have been involved in protest
procedures should not suffer discrimination preventing them from engaging in any kind of banking
activity, since this is contrary to the fundamental principles of constitutional law and means that they are
indirectly forced to operate using illegal or undercover methods, thereby helping, despite themselves, to
encourage organised crime.

Can the Commission say:

› what effective steps it intends to take to prevent an increase in the black market in credit and usury

caused by the 12 million recipients of notices of protest in Italy;

› what role the European Central Bank may play in recommending the drafting of specific Community
legislation designed to ensure that the Banca d(cid:146)Italia and the Italian banking association adopt rules
allowing individuals and firms to regain the right to operate and engage in production, which is
inseparably linked to the use of the banking system for all kinds of transactions and the increasingly
widespread use of electronic money;

› what role the Commission itself may play in finding an immediate solution designed to restore
individual prerogatives and the productivity of 12 million Italians, who are currently automatically
excluded from operating legally within the Italian and European banking systems?

Joint answer
to Written Questions E-2455/98 and E-2582/98
given by Mr Monti on behalf of the Commission

(2 October 1998)

The Commission considers that the growing black market in credit, the practice of usury in Member States
(in particular Italy), the wave of protests in Italy and the preventive measures to be taken in this area fall
within the direct jurisdiction of the Member States.