WRITTEN QUESTION E-2892/00 by Bart Staes (Verts/ALE) to the Commission. Infringement of freedom of opinion and human rights in Italy.
Date: 2000-09-14
Institutions: European Parliament, Provisional data
Subjects: European Convention on Human Rights, Italy, competence of the Member States, complaint to the Commission, dictatorship, freedom of opinion, fundamental rights, national law, penal code, source of law

18.4.2001

EN

Official Journal of the European Communities

C 113 E/205

I would also point out that the opening of European centres in all Member States does not depend solely
on the good will of the Commission. National government funding is generally essential since the national
consumer organisations do not have the necessary resources.

A Euroguichet is soon to be opened in Sweden and the Commission is also involved in discussions with
Belgium, Denmark, Greece, Italy and the Netherlands.

The Commission will send the 1999 report on the activities of the Euroguichets directly to the Honourable
Member as soon as it is available.

(2001/C 113 E/219)

WRITTEN QUESTION E-2891/00

by Stefano Zappal(cid:224) (PPE-DE) to the Commission

(14 September 2000)

Subject: Societ(cid:224) Autostrade

In Italy, Societ(cid:224) Autostrade S.p.A.
is the contractor responsible for managing most of the country(cid:146)s
motorways. Customer relations are handled by the company(cid:146)s local branches. Amongst the services
provided are the (cid:145)Viacard(cid:146) and (cid:145)Telepass(cid:146) systems, which are based upon a contractual relationship between
the company and motorway users.

In order to use such services, a deposit is required, as is authorisation to debit the customer(cid:146)s bank account
directly.

Despite this commitment by the user, the agency can discontinue the service of its own accord, without
even using up the credit available or using the direct debit facility.

Users of this service (access to and use of infrastructure) who have (cid:145)Viacard(cid:146) and (cid:145)Telepass(cid:146) contracts pay
nearly three and a half times as much as those who pay directly.

Given the above, can the Commission,
in particular the Commissioner responsible for health and
consumer protection, Mr David Byrne, say what action it intends to take against the Italian Government,
once it has ascertained that the above statements are true, to ensure that European citizens can have an
honest, transparent, non-discriminatory and non-coercive relationship with the agencies responsible for
public services and with Societ(cid:224) Autostrade S.p.A in particular?

Answer given by Mrs de Palacio on behalf of the Commission

(19 October 2000)

The Commission has submitted a request for information to the Italian government, so as to establish
whether the facts referred to in the question are true and whether they are compatible with Community
regulations, in particular those concerning toll roads and consumer protection.

(2001/C 113 E/220)

WRITTEN QUESTION E-2892/00

by Bart Staes (Verts/ALE) to the Commission

(14 September 2000)

Subject: Infringement of freedom of opinion and human rights in Italy

Dr. Giuseppe Segato, born in Borgoricco (PD) on 17 June 1954, has been sentenced to three years and
seven months(cid:146) imprisonment for (cid:145)subversion(cid:146) because he aided and abetted the group which, on 9 May
1997, peacefully occupied the bell-tower in St. Mark(cid:146)s Square in Venice with a view to demanding self-
government for the Veneto. In Italy, provisions such as Article 241 of the criminal code, dating back to

C 113 E/206

Official Journal of the European Communities

EN

18.4.2001

in force. These provisions stipulate that those who peacefully
Mussolini(cid:146)s Fascist dictatorship, are still
pursue by political means the independence of part of the present-day Italian Republic shall be punished
by imprisonment.

Can the Commission ascertain whether the behaviour of the Italian judges, in this as in other cases, is not
in open breach of the right to freedom of opinion which is the cornerstone of all democracies, as well as
of Article 6 of the Treaty on European Union?

Does the Commission not believe that the articles of the Italian criminal code, known as (cid:145)Rocco(cid:146), and in
particular those dealing with so-called crimes of opinion and perpetrators of attacks on (cid:145)the unity of the
State(cid:146), dating back to the Fascist dictatorship of Benito Mussolini and still
in force today, violate the
principles of freedom, democracy, respect for human rights and fundamental freedoms and the rule of law
enshrined in the Treaty?

Answer given by Mr Vitorino on behalf of the Commission

(13 October 2000)

It is not for the Commission to scrutinise judges(cid:146) decisions, which are assessed by the competent bodies in
the legislative and judicial systems of the Member States. In the case referred to by the Honourable
Member, these are the competent appeal judge and the Court of Cassation.

Nor is it for the Commission to rule on whether the articles of the Italian criminal code are compatible
with the EC Treaty. Criminal law is a matter for the Member States, and it falls to the Court of Justice to
judge whether Community law has been breached.

If the individual referred to by the Honourable Member considers himself to have been the victim of an
infringement of the European Convention on Human Rights, he should take the matter to the European
Court of Human Rights in Strasbourg. However, all domestic legal remedies must
first have been
exhausted, and the appeal must be lodged within six months of the final decision being handed down in
the Member State.

(2001/C 113 E/221)

WRITTEN QUESTION P-2894/00

by Esko Sepp(cid:228)nen (GUE/NGL) to the Commission

(6 September 2000)

Subject: Ear-tags for cattle

The EU requires farmers to mark cattle with ear-tags. This applies even to animals of indigenous breeds
which do not receive EU support. What function do ear-tags serve in such cases?

Answer given by Mr Byrne on behalf of the Commission

(5 October 2000)

With the adoption of Council Directive 92/102/EEC of 27 November 1992 on the identification and
registration of animals (1) Member States should already ensure that bovine animals shall be identified with
an eartag bearing a code, which makes it possible to identify each animal individually as well as the
holding on which it was born.

Directive 92/102/EEC has two basic objectives: the localisation and the tracing of animals for veterinary
purposes, which is of crucial importance for the control of contagious diseases; and the management and
supervision of livestock premiums as part of the reform of the agricultural policy.