WRITTEN QUESTION E-1426/00 by Charles Tannock (PPE-DE) to the Commission. (Consolidated) Treaty violations.
Date: 2000-05-05
Institutions: European Parliament, Provisional data
Subjects: EU law, freedom of movement, interpretation of the law

6.3.2001

EN

Official Journal of the European Communities

C 72 E/57

(2001/C 72 E/065)

WRITTEN QUESTION E-1426/00

by Charles Tannock (PPE-DE) to the Commission

(5 May 2000)

Subject: (Consolidated) Treaty violations

Would the Commission accept that, if a Member State deprived a national of that state or of any other
European Union state of the right to enter freely into that Member State, it would constitute a prima facie
violation of Articles 39 and 43 of Title III of the Consolidated Version of the Treaty Establishing the
European Community dealing respectively with free movement of persons, services and capital and right of
establishment?

(2001/C 72 E/066)

WRITTEN QUESTION E-1427/00

by Charles Tannock (PPE-DE), John Bowis (PPE-DE),
Philip Bushill-Matthews (PPE-DE), Carlos Coelho (PPE-DE), Gianfranco Dell(cid:146)Alba (TDI),
Carlo Fatuzzo (PPE-DE), Francesco Fiori (PPE-DE), Jacqueline Foster (PPE-DE),
JosØ Garc(cid:237)a-Margallo y Marfil (PPE-DE), Piia-Noora Kauppi (PPE-DE),
Mario Mantovani (PPE-DE), Adriana Poli Bortone (UEN), JosØ Ribeiro e Castro (UEN),
Lennart SacrØdeus (PPE-DE), Dana Scallon (PPE-DE), Mariotto Segni (UEN),
Francesco Speroni (TDI), Robert Sturdy (PPE-DE), Margie Sudre (PPE-DE),
Geoffrey Van Orden (PPE-DE), Ari Vatanen (PPE-DE), Rainer Wieland (PPE-DE) and
J(cid:252)rgen Zimmerling (PPE-DE) to the Commission

(5 May 2000)

Subject: The Commission(cid:146)s role in upholding the Treaties with specific reference to the male descendants of

the Houses of Habsburg and Savoy

Can the Commission explain how, given not only the obligation under Article 6 of the Consolidated
Version of the Treaty on European Union for the Union (cid:145)to respect fundamental rights, as guaranteed by
the European Convention for the Protection of Human Rights and Fundamental Freedoms(cid:146) but also the
provisions under Articles 39 and 43 of Title III of the Consolidation Version of the Treaty establishing the
European Community, dealing respectively with the free movement of persons and the right of establish-
ment as well as the obligations of the Commission under Article 211 to ensure that the provisions of that
Treaty are applied, the Commission has reached the conclusion (as indicated by Mr Vitorino(cid:146)s answer to
Written Question P-0475/00) (1) that the restrictions placed on the movement of the male descendants of
the Houses of Habsburg and Savoy as well as the denial to them of other civil rights as a result of
provisions contained in the Austrian and Italian constitutions do (cid:145)not come within the jurisdiction of the
Commission(cid:146)?

(1) OJ C 225 E, 8.8.2000, p. 228.

Joint answer
to Written Questions E-1425/00, E-1426/00 and E-1427/00
given by Mr Vitorino on behalf of the Commission

(6 July 2000)

The free movement of persons is one of the fundamental rights guaranteed to the Union(cid:146)s citizens by
Community law: Article 18(1) (former Article 8a) confers on the Union(cid:146)s citizens a general right to free
movement outside the sphere of any economic activity. Nevertheless, this Article constitutes an additional
legal basis which does not replace the specific legal bases, viz. Articles 39 and 43 (former Articles 48 and
52). At present, the right of residence is governed by the provisions of ten or so directives and regulations
which are listed in the second report on citizenship. (1)

The right to free movement is not absolute. It is exercised subject to the limitations and conditions laid
down in the Treaty and by the measures adopted to give it effect. Thus the right to move freely can be
limited by the Member States, in particular on grounds of public policy, public security or public health (2),
while complying with the provisions of Directive 64/221/EEC (3). The Commission would draw the