WRITTEN QUESTION E-1699/99 by Ilda Figueiredo (GUE/NGL) to the Commission. Discrimination against immigrants in Luxembourg as regards entitlement to social aid.
Date: 1999-09-29
Institutions: European Parliament, Provisional data
Subjects: Luxembourg, discrimination on the basis of nationality, equal treatment, welfare

C 170 E/78

Official Journal of the European Communities

EN

20.6.2000

non-governmental organisations and associations formed by the socially excluded and the elderly), in the
form of preparatory measures for Community action on the basis of Article 137 of the EC-Treaty
(ex Article 118) regarding combating social exclusion. A first call for proposals for preparatory actions
was issued in October 1998, under which 40 projects were funded.

In the 1999 budget, budget line B3-4104 was incorporated into budget line B3-4112 (preparatory
measures combating and preventing social exclusion). Further calls were issued in June 1999 under this
line addressing exclusion of older people as well as all other types of exclusion, and the Commission is
currently evaluating the proposals received.

(2000/C 170 E/088)

WRITTEN QUESTION E-1695/99

by Michl Ebner (PPE-DE) to the Commission

(29 September 1999)

Subject: EU coordinator Hombach

For weeks, the EU(cid:146)s international coordinator for reconstruction of the Balkans, Bodo Hombach, has been
publicly suspected of involvement in bribery cases with considerable ramifications (relating to his private
house in M(cid:252)lheim and his luxury home in Canada). On 27 August 1999, in response to these serious
allegations, he decided of his own volition to resign from his party posts.

In view of this situation, which still remains very unclear, as well as the utterly incomprehensible plan to
locate his office in Brussels rather than in the immediate vicinity of the region to which his duties pertain,
which will hardly be conducive to efficiency, the following question is surely inescapable: does the
Commission intend to suggest to Mr Hombach that he should resign from his highly responsible post as
EU representative for the democratic and economic reconstruction of the Balkan region?

Under the circumstances, it would moreover be desirable, in the interests of transparency, to announce
publicly what remuneration was promised to Mr Hombach when he took up the post. Will
the
Commission do so?

Answer given by Mr Patten on behalf of the Commission

(9 November 1999)

According to the Treaty on European Union (Article 18 ex Article J8), the appointment of special
representatives is the responsibility of the Council.

The requested elements relating to the remuneration of the special representative are established in a
(cid:145)financial statement(cid:146) which, in accordance with Article M of the inter-institutional agreement regarding
financing of the Common foreign and security policy of 16 July 1997, is communicated by the Council to
the Parliament.

(2000/C 170 E/089)

WRITTEN QUESTION E-1699/99

by Ilda Figueiredo (GUE/NGL) to the Commission

(29 September 1999)

Subject: Discrimination against immigrants in Luxembourg as regards entitlement to social aid

Immigrant workers from other Member States living in Luxembourg suffer discrimination when they apply
for social aid. In order to be eligible for aid, they have to submit a declaration of capital assets held in their
country of origin, and the decision to grant the aid depends on the content of that declaration.

20.6.2000

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Official Journal of the European Communities

C 170 E/79

Is the Commission aware of
authorities to be contrary to the principle of equal treatment? What will it do to resolve the problem?

this situation? Does it not believe the behaviour of

the Luxembourg

Answer given by Ms Diamantopoulou on behalf of the Commission

(5 November 1999)

The Commission presumes that the Honourable Member is referring to Luxembourg legislation concerning
the right to a guaranteed minimum income in the context of the fight against social exclusion in
Luxembourg.

The regulations applying in Luxembourg make the granting of this benefit dependent on a person(cid:146)s
financial resources, which includes the value of any property irrespective of whether this is situated in
Luxembourg or abroad.

The Commission considers that, in view of the judgment of the Court of Justice (1), no discrimination on
the basis of nationality is taking place. This judgment states that (cid:145)Articles 7 and 48 of the Treaty (2) (cid:133) do
not prohibit (cid:129) though they do not require (cid:129) the treatment by the institutions of Member States of
corresponding facts occurring in another Member State as equivalent to facts which, if they occur on the
national territory, constitute a ground for the loss or suspension of the right to cash benefits(cid:146).

(1)

In connection with a similar case, see the Court of Justice judgment of 28 June 1978 in Case 1/78 Kenny [1978]
ECR 1489.

(2) Now Articles 12 and 39 respectively as a result of amendments to the EC Treaty.

(2000/C 170 E/090)

WRITTEN QUESTION E-1700/99

by Ilda Figueiredo (GUE/NGL) to the Commission

(29 September 1999)

Subject: Transposition of Directive 93/0104/EC on working time

Because Directive 93/0104/EC (1) on working time has not been transposed into Luxembourg law,
employees in certain economic sectors, for example the hotel and catering trade, are obliged to work
very long hours far in excess of the norm laid down at European level.

What is the current position, and what steps are being taken to make the Luxembourg authorities
transpose the above Directive and comply with Community law?

(1) OJ L 307, 13.12.1993, p. 18.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 November 1999)

The Luxembourg authorities have communicated to the Commission their national measures implementing
Directive 93/0104/EC of 23 November 1993 concerning certain aspects of the organization of working
time. The Commission is currently undertaking a thorough analysis of this legislation. A report on the
implementation of Directive 93/0104/EC in the Member States is due to be presented early in 2000.