WRITTEN QUESTION No. 1579/99 by Sebastiano MUSUMECI Repeal of the thirteenth transitory provision of the Italian Constitution
Date: 1999-09-01
Institutions: European Parliament, MUSUMECI
Subjects: European Commission, Italy, discrimination on the basis of nationality, free movement of persons, infringement of EU law, powers of the institutions (EU)

29.1.2000

EN

Official Journal of the European Communities

C 27 E/139

(2000/C 27 E/169)

WRITTEN QUESTION E-1579/99

by Sebastiano Musumeci (UEN) to the Commission

(1 September 1999)

Subject: Repeal of the thirteenth transitory provision of the Italian Constitution

The thirteenth transitory provision of the Italian Constitution strictly prohibits male descendants of the
House of Savoy from returning to Italy. This provision, which is defined as being transitory, has been in
force since 1948, in breach of the basic principles of civilization, which hold that exile is an abhorrent
measure undermining the dignity of the person.

This provision, which affects the heirs of the former ruling family, who were at the forefront of Italian
unity and fulfilled their duties in compliance with the will of the people as expressed in the institutional
referendum of 2 June 1946, has now been rendered obsolete by history and is unacceptable to the people
of Italy, as well as being a clear breach of the International Bill of Human Rights.

Does the Commission not consider that it should intervene to call for the repeal of this transitory
provision of the Italian Constitution, since this would not threaten national sovereignty but would be in
line with a basic principle of civilization, which holds that exile is a barbaric instrument of perpetual
torture, in this case affecting the representatives of a dynasty which helped to mould Italy, a country
where, under the liberal provisions of the Schengen agreements, everyone is able to enjoy freedom of
movement, with the exception of members of the House of Savoy?

Answer given by Mr Vitorino on behalf of the Commission

(8 October 1999)

The Commission would refer the Honourable Member to its answer to written question P-2703/97 by
Mr Florio (1).

(1) OJ C 60, 25.2.1998.

(2000/C 27 E/170)

WRITTEN QUESTION E-1580/99

by Erik Meijer (GUE/NGL) to the Council

(8 September 1999)

Subject: Exclusion ofsportsmen and women of Yugoslav nationality from sporting events

Is the Council aware that when the world table-tennis championships were held in Eindhoven, the
1.
Netherlands, on 3 and 4 August 1999, with participants from 90 countries, those registered participants
residing in the Federal Republic of Yugoslavia were refused visas for the Netherlands and that the
Netherlands Government also brought pressure to bear on the national umbrella body for the sport,
NOC/NSF, to bar from the competition a participant of Yugoslav nationality residing in Germany, who had
access to the Netherlands under the Schengen rules?

2. Which Member States other than the Netherlands have likewise excluded sportsmen and women of
Yugoslav nationality from sports competitions since the end of the recent war in Yugoslavia? Which
Member States allow them to take part?

3.
Are there any agreements within the European Union on preventing sporting links with residents of
Yugoslavia as a means of bringing pressure to bear on and isolating and/or removing from power the
present Government of Yugoslavia? Is this effective?

4.
Does the Council agree that a distinction should be made between states and their individual
residents, and that before any decision is taken on such an exceptional measure as exclusion and isolation
of sports associations and individual sportsmen and women from their counterparts in other countries,
there should be a call to this effect from the United Nations or the European Parliament?