WRITTEN QUESTION P-1028/00 by Koldo Gorostiaga Atxalandabaso (NI) to the Commission. Breach of Articles 2(4) and 6(2) of the Treaty of Amsterdam.
Date: 2000-03-29
Institutions: European Parliament, Provisional data
Subjects: Basque Country, France, derogation from EU law, free movement of persons, fundamental rights, national minority

26.1.2001

EN

Official Journal of the European Communities

C 26 E/147

(2001/C 26 E/182)

WRITTEN QUESTION P-1028/00

by Koldo Gorostiaga Atxalandabaso (NI) to the Commission

Subject: Breach of Articles 2(4) and 6(2) of the Treaty of Amsterdam

(29 March 2000)

The Austrian coalition Government has been the target of intense criticism since taking office last February.
In a clear bid to underline EU public opinion, thousands of Europeans marched through the streets of
Vienna, encouraged by global backing from all the EU institutions.

On 11 March 2000 at the Spanish-French border that separates the Basque people, Paris sent police forces
to hinder the passage of Basque citizens going to a popular march in the northern town of Bayonne. The
goal of this gathering was to denounce the dispersal of Basque political prisoners all over France and Spain
and the violation of their rights and those of their relatives. The French Government, with full agreement
from Madrid, applied Article 2 of the Schengen Convention that allows borders to be closed on an
exceptional basis. Paradoxically, we note that, while the Vienna march was encouraged, that of Bayonne
was forbidden.

Can the EU Member States inform the European citizens as to which human rights they are allowed

1.
to defend?

Can the Schengen provisions, as applied by the French Government totally contradict fundamental
2.
rights as guaranteed by the European Convention on Human Rights and the very principle of free
movement of persons inside the EU?

3.

Can the Basques live in an EU without their internal iron curtain?

Answer given by Mr Vitorino on behalf of the Commission

(28 April 2000)

Article 2(2) of the Schengen Convention enables Member States, provided they comply with certain
procedures laid down by the Schengen acquis, to re-introduce checks on persons at internal borders for a
limited period where public policy or national security so require. Under current Community law on the
free movement of citizens of the Union, such checks may be imposed on grounds of public policy or
public security. (1)

The exercise of fundamental rights such as freedom of expression and freedom of peaceful assembly may,
under Article 10(2) and Article 11(2) of the Convention for the Protection of Human Rights and
Fundamental Freedoms, be subject to certain restrictions provided for by law and taking the form of
measures necessary on grounds of national security or public policy in a democratic society.

(1) See Article 39(3), Article 46(1) and Article 55 of

together with Directive 64/221/EEC of
25 February 1964 on the coordination of special measures concerning the movement and residence of foreign
nationals which are justified on grounds of public policy, public security or public health (OJ 56, 4.4.1964).

the EC Treaty,

(2001/C 26 E/183)

WRITTEN QUESTION E-1037/00

by Francesco Speroni (TDI) to the Commission

Subject: Intellectual property rights and human genetic material

(4 April 2000)

The difficult ethical and legal issues raised by the recent granting by the EPO (European Patent Office) of a
patent for human genetic material, have once again focused attention on the rules that currently govern
the sensitive area of biotechnology.