WRITTEN QUESTION E-2734/99 by Carlo Fatuzzo (PPE-DE) to the Commission. Italian law which discriminates against disabled persons over the age of 65.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: Italy, age discrimination, competence of the Member States, disability insurance, infringement of EU law

C 280 E/118

Official Journal of the European Communities

EN

3.10.2000

(2000/C 280 E/124)

WRITTEN QUESTION E-2732/99

by Luisa Morgantini (GUE/NGL) to the Commission

(18 January 2000)

Subject: Nicaragua: corruption and EU aid

Following the arrest of the President of the Nicaraguan Court of Auditors, Mr Agustin Jarquin, who had
irregularities committed by the present government, does the EU
spoken out against serious financial
intend to review its programme of aid to the country without delay, pending Mr Jarquin(cid:146)s release, the
reestablishment of proper institutional controls on the activities of the government and a thorough
investigation of the above allegations?

Answer given by Mr Patten on behalf of the Commission

(1 February 2000)

The cases of corruption reported by the President of the Nicaraguan Court of Auditors do not specifically
relate to funds from the international community. Nevertheless, the Commission shares the Honourable
Member(cid:146)s concern about the events leading to the Nicaraguan Controller-General(cid:146)s arrest. The Commission
considers that democratic institutions such as the Controller-General(cid:146)s Office are the basis for the rule of
law and development
in each country and should therefore be able to function without political
interference.

For this reason the Commission fully endorsed the European Union Troika(cid:146)s request to the Nicaraguan
Foreign Affairs Minister on 18 November 1999 to stress the European Union(cid:146)s concern about the
situation. The Commission is delighted that the points raised by the European Union and other members
of the international community probably contributed to Mr Jaquin(cid:146)s release on 24 December 1999, thus
giving the authority back to such an important institution to control and verify the proper use of
Nicaraguan public funds as well as funds from the international community.

In order to improve the control and proper utilisation of funds, the Commission applies a system for
major projects using European experts in a management unit which supervises the correct and accountable
in accordance with the financing agreements. It also uses evaluation and
use of Community funding,
monitoring missions to ensure the smooth running of projects and the proper use of financial resources,
and the Commission Delegation in Managua plays an essential role in monitoring, making it possible to
strengthen controls locally.

(2000/C 280 E/125)

WRITTEN QUESTION E-2734/99

by Carlo Fatuzzo (PPE-DE) to the Commission

(18 January 2000)

Subject: Italian law which discriminates against disabled persons over the age of 65

Article 13 of the Treaty of Amsterdam states that the Union is to combat all discrimination based on age.

Is the Commission aware of the fact that Italian law (Article 19 of Law No 118 of 30 March 1971 and
subsequent amendments) provides for the granting of a life-long financial benefit for citizens who are
completely disabled and who apply for the benefit before the age of 65 but that the benefit is not payable
to those who, despite meeting all the other conditions for eligibility, apply for the benefit after the age of
65? Is it aware of the fact that Italian old people, despite meeting all the disability conditions required by
law, are discriminated against on the basis of their age when they apply for the benefit, a fact which has a
life-long impact on whether or not they receive the benefit?

Does the Commission intend to ask Italy to repeal this law, as a matter of urgency?

3.10.2000

EN

Official Journal of the European Communities

C 280 E/119

Answer given by Mrs Diamantopoulou on behalf of the Commission

(1 March 2000)

The Commission has no legal basis to request a Member State to repeal such a measure. The organisation
of social protection systems within the Member States is a national competence, provided that certain
fundamental principles of Community law are respected. Community law does not, however, confer any
right to equal treatment between different age groups.

On 25 November 1999, the Commission adopted a package of two legislative proposals and a programme
to combat discrimination in the Community based on Article 13 (ex Article 6a) of the EC Treaty (1). These
proposals must be accepted by the Council before they can take effect.

One of these initiatives is a horizontal directive to combat discrimination on grounds of disability or age.
However, the scope of the proposal is limited to the field of employment and occupation. Therefore, social
protection benefits are not covered by this proposal.

(1) COM(99) 564 final.

(2000/C 280 E/126)

WRITTEN QUESTION E-2736/99

by Carlo Fatuzzo (PPE-DE) to the Commission

(18 January 2000)

Subject: Retired widow Mrs Maria Luisa Bolzoni (cid:129) 16-year wait for pension

Is the Commission aware of the fact that in a number of Member States there are very serious delays in the
payment of old-age pensions?

Does the Commission intend to approach the INPS, which is responsible for paying pensions in Italy, in
order to ensure that Mrs Maria Luisa Bolzoni, born on 3 November 1928 in Scandolara Ravara and
resident in Bergamo, at 15 via Bonomelli, is at last paid the pension increase requested on 26 November
1994 in accordance with Article 6 of Law No 638/1983 and due to her, under Italian law, from 1 October
1983, not least because she has been waiting patiently for 16 years to be paid the pension increase to
which she is entitled as a category SO-96000064 widow?

Can the Commission say how many more years this seventy-one year old Italian pensioner will have to
wait?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 February 2000)

The Commission has no say in the matter raised by the Honourable Member, as it is a purely internal
matter which is outside Community jurisdiction.

With regard to social welfare, the only binding Community provisions are the Regulations on social
security for migrant workers and the Directives on equal treatment for men and women in social security
schemes.

The organisation and operation of a scheme, eligibility for an old-age or retirement pension and the
question of when the various benefits are to be awarded are matters which fall within the exclusive
competence of the national authorities, provided that the above Community provisions are observed.