WRITTEN QUESTION E-2208/00 by Paulo Casaca (PSE) to the Commission. Expulsion of European citizens from the USA and Canada.
Date: 2000-07-03
Institutions: European Parliament, Provisional data
Subjects: Azores, Canada, EU national, Portugal, United States, common foreign and security policy, penalty, removal

C 89 E/162

Official Journal of the European Communities

EN

20.3.2001

(2001/C 89 E/182)

WRITTEN QUESTION E-2208/00

by Paulo Casaca (PSE) to the Commission

(3 July 2000)

Subject: Expulsion of European citizens from the USA and Canada

A very large Azorian community lives in the USA and Canada, many of whose members still have
Portuguese nationality even though they were born in America.

The 1996 US deportation law provides for automatic expulsion of foreign nationals found guilty of
offences ranging from the most serious crimes to minor driving offences. In March, the US Supreme Court
ruled that the deportation law may not be applied retroactively to sentences passed prior to 1996.
However, this ruling does not deal with the problems faced by people already expelled from the country or
those currently serving sentences in North American prisons. Canada(cid:146)s legal provisions are similar to those
of the USA.

The Azorian regional authorities have been notified of 307 deportations from the USA and 87 from
Canada to the Azores. However, the number of deportations to the Azores may be greater, given that the
American authorities do not always notify the Portuguese consular authorities and that they, in turn, do
not always notify the Azorian regional authorities.

The press, especially in the Azores and Massachusetts, has reported on the often dramatic implications of
such expulsions,
including an alarming suicide rate, family separations, people from highly urbanised
environments, unable to speak Portuguese, being transferred to small rural communities in the Azores,
bearing the shameful stigma of deportation, etc.

On 14 May the Women(cid:146)s Immigrant Support Group held a vigil and protest march against this law in New
Bedford, Massachusetts. A number of US Congressmen, such as Representative Barney Frank and Senator
Patrick Kennedy, have expressed their opposition to the law.

The Azorian regional authorities are making strenuous efforts to support the deportees, as best they can
within their jurisdiction, notably by providing Portuguese language tuition and by promoting training,
rehabilitation and social reintegration programmes.

In these circumstances,
European Union to deal with the situation facing these European citizens?

is the Commission prepared to take action under Article 2 of the Treaty on

Answer given by Mr Patten on behalf of the Commission

(11 September 2000)

The Commission is well aware of the problems related to deportations decided by the United States
authorities on the basis of the 1996 Illegal Immigration Reform And Immigration Responsibility Act
(IIRAIRA).

The possible negative consequences of the IIRAIRA on Union citizens have been discussed with the
Member States at the Consular Affairs working group of the Council and have been raised with the United
States government. At a March 2000 meeting, the group was informed by the American Immigration and
Naturalisation Service that the legislation on deportation had been drafted with very little margin for
flexibility.

Nevertheless, the Member States and the Commission expressed their concerns that IIRAIRA current
provisions could lead to inhumane situations not intended by the American legislator. Therefore, the
present text of IIRAIRA would need amendments and the Union side urged that the Act should come
under review by Congress. The American Presidential elections could delay this review.

20.3.2001

EN

Official Journal of the European Communities

C 89 E/163

In the meanwhile, the Commission has been informed that the Portuguese government had concluded a
protocol with the United States containing new procedures to be implemented in cases of deportation of
Portuguese nationals.

(2001/C 89 E/183)

WRITTEN QUESTION P-2209/00

by Robert Evans (PSE) to the Commission

(26 June 2000)

Subject: Notaries

Is the Commission aware that, in France and Belgium, the practice introduced in the nineteenth century of
notaries being able to nominate their children as successors to their post persists? Some of my London
constituents wishing to establish in these countries have experienced severe difficulties because of these
ancient laws.

The consequences of this tradition are that, in France, over one-third of notaries have a parent who has
worked in the notarial field and that, in Belgium, children of notaries receive preferential treatment in
selection. This can be seen as a barrier adversely affecting suitably qualified people wishing to become
notaries, preventing them from entering the profession and thus enabling competition to be restricted.
Does the Commission believe this constitutes an infringement of the provisions for the free movement of
persons within the single market?

In addition, only ten per cent of French notaries are women, since the hereditary principle of succession of
French notaries applies to male children only. Does the Commission consider this to be an indirect form of
discrimination on the grounds of sex?

Answer given by Mr Bolkestein on behalf of the Commission

(17 July 2000)

The appointment of notaries is a matter for the Member States. In Belgium and France, they are appointed
by the public authorities. The Commission does not possess any specific information concerning the
practice mentioned by the Honourable Member.

The presence of a large number of children of notaries in this profession, as highlighted by the Honourable
Member, may be due to the high economic value of these practices. This basic economic fact, which also
occurs in other liberal professions, could indeed dissuade people who lack the financial wherewithal to
follow notarial studies from putting themselves forward for appointment as notaries. It should be pointed
out in this respect that the EC Treaty in no way prejudices the rules governing the system of property
ownership in Member States (Article 295 (ex Article 222)). This economic obstacle does not constitute a
measure which is contrary to Articles 43 or 49 (ex Articles 52 and 59) of the EC Treaty. According to the
information available to the Commission, the appointment of notaries is carried out in accordance with
objective rules which focus particularly on the requirement for professional qualifications.

As to whether there is discrimination on the grounds of sex due to the existence of a hereditary law in
France for succession to the profession of notary which applies to male descendants only, the Commission
intends to raise this matter with the French authorities in order to clarify the issue. This may well be a case
of direct discrimination, which is prohibited by Community law, and in particular by Council Directive 86/
613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and
women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of
self-employed women during pregnancy and motherhood (1) and Council Directive 76/207/EEC of
9 February 1976 on the implementation of the principle of equal treatment for men and women as
regards access to employment, vocational training and promotion, and working conditions (2).

(1) OJ L 359, 19.12.1986.
(2) OJ L 39, 14.2.1976.