WRITTEN QUESTION No. 856/99 by Marilena MARIN Imprisonment of Venetians for having freely expressed their views
Date: 1999-04-07
Institutions: European Parliament, MARIN
Subjects: European citizenship, Veneto, autonomous movement, freedom of expression, right of action, right to justice

21.12.1999

EN

Official Journal of the European Communities

C 370/129

is up to the Member States to take the necessary measures under programmes currently being

It
implemented, in particular by means of re-programming. Funds are still available.

In the Commission’s view, if the Council considers it necessary a specific Community initiative could be
introduced, in addition to existing arrangements and the Structural Funds, for the reemployment of people
who lose their jobs in sectors affected by the change. Until the Council has reached a decision on this it
would be premature to comment on the specific content of such a measure.

The Commission has already stated in its notice of 9 April 1999 (2) that the VAT and excise rules that will
apply to sales in the air and water transport sectors from 1 July 1999 are normal taxation rules which
have been implemented in other sectors (rail and road transport) since 1 January 1993.

The Commission has been holding discussions with the Member States in technical committees and with
operators for many months. National administrations have been in contact with each other and with
operators regarding taxation procedures (collection and controls) falling within the sphere of Member State
competence.

(1) OJ C 66, 9.3.1999.
(2) OJ C 99, 10.4.1999.

(1999/C 370/178)

WRITTEN QUESTION E-0856/99

by Marilena Marín (UPE) to the Commission

(7 April 1999)

Subject: Imprisonment of Venetians for having freely expressed their views

Three Venetians were imprisoned having been refused the option of community service as laid down in
the law of 8 March 1999; they took part in an avowedly non-violent and diplomatic demonstration in the
Piazza San Marco in Venice in 1997 for greater autonomy for Veneto and are not dangerous; on the
contrary, as members of a duly registered association, they take part in cultural, social and political
activities organised to discuss regional autonomy, the rights of peoples and human rights.

They have been working since plea-bargaining their sentence and, as the Venice Public Prosecutor ruled
against the appeal judges’ decision, they enjoy the constitutionally guaranteed principle of presumption of
innocence whereby imprisonment is possible only after all the stages of the trial have been completed or
in the event of serious danger.

In substance their demands, backed up by non-violent action and inspired by the autonomy of Veneto
which has been enshrined in Italian law since 1971, are quite legitimate and topical (viz. the bill adopted
by the Italian Council of Ministers this week) and represent their right to peaceful freedom of expression
which is constitutionally guaranteed.

What action will the Commission take to guarantee respect for the fundamental rights that form part of
the fundamental principles common to the Member States as it is required to do under the provisions of
the Maastricht and Amsterdam treaties?

Answer given by Mr Santer on behalf of the Commission

(7 May 1999)

The Commission recalls that the relationship between a Member State and its citizens regarding the respect
of human rights is primarily governed by the European Convention on the protection of human rights and
fundamental freedoms signed in Rome on 4 November 1950. Therefore, the Italian citizens could pursue
the matter with the European Court of human rights after all domestic remedies have been exhausted.