WRITTEN QUESTION E-3465/00 by Antonio Di Pietro (ELDR) to the Commission. Respect for civil rights in Romania.
Date: 2000-11-08
Institutions: European Parliament, Provisional data
Subjects: EU national, European Convention on Human Rights, Romania, accession to the European Union, civil law, removal

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Official Journal of the European Communities

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6.6.2001

One of the goals of the Community Initiative (cid:145)Envireg(cid:146) in 1990-1993 was to prepare these studies but,
because of the subsidiarity principle, no time limit was put on their application on the ground, this being
left to the discretion of the Member State. This is why, when the Initiative was wound up and the final
balance paid, the Commission did not refuse money for these studies; the Greek authorities continued to
express their intention of completing the procedure for their implementation. The same situation arose
over similar studies of this kind part-financed under regional operational programmes in 1989-1993.

In the 1994-1999 programming period, more studies of this kind were part-financed mainly under
measure 4.2 of the operational programme entitled (cid:145)Environment(cid:146). Similar problems with slow procedures
arose. Accordingly, at the 9th meeting of the Monitoring Committee held in Athens on 15 December
1999, it was decided that part-financing under this OP would be limited to the 25 studies which could be
implemented on the ground by the end of 2001. In the case of the other studies, which are generally being
conducted in four phases, the only eligible expenditure under this programme would be spending on the
phase already started.

The other points raised by the Honourable Member, such as the choices made by the national authorities
and possible penalties for delays, fall solely within the competence of the Member State.

(2001/C 163 E/144)

WRITTEN QUESTION E-3465/00

by Antonio Di Pietro (ELDR) to the Commission

(8 November 2000)

Subject: Respect for civil rights in Romania

In 1992 two Italian citizens, Mr Matar and Mrs Quinci, decided to move to Romania to set up a
wholesaling business. Within a few years this business was becoming increasingly profitable, and various
sales points were opened in Bucharest and Constanta.

In June 1999 Mr Matar received a deportation order and was forced to leave Romania within 48 hours,
abandoning his house and all his property, without being informed of the reason for this measure. The
same thing happened to Mrs Quinci, who received a deportation order for five years while she was in Italy
for reasons connected with her daughters(cid:146) studies.

Following legal action against this unjustified procedure, the Matar-Quinci spouses learnt, after consider-
able opposition from the Romanian Ministry of the Interior, that the reason for Mr Matar(cid:146)s deportation
was the activities of his wife, who was wrongly accused of being a journalist who had worked in Lebanon
during the civil war, having become a supporter of Islamic Hezbollah, having written and published daily
Italian articles supporting Hezbollah and having continued these journalistic activities in Bucharest, holding
conferences, of which no further details were given, and creating (cid:145)cover(cid:146) companies. These assertions were
untrue, since no trace of the articles or other activities attributed to the Italian couple was found.

The Romanian supreme court, to whom the case was referred, allowed Mr Matar(cid:146)s appeal of unconstitu-
tionality on grounds of abuse of power, in judgement No 299 of 5 May 2000 concerning the legislation
making provision for the issuing of deportation orders without the normal procedures having been
followed. In fact, in the case of Mr Matar the order had been issued directly by the immigration authorities
and not by a magistrate.

In view of these facts, does the Commission not consider that the current lack of respect for civil rights in
Romania is a factor which must be taken into consideration in the negotiations underway with a view to
Romania joining the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(20 December 2000)

In order to join the Community, Romania like any other candidate country has to fulfil the accession
criteria established by the European Council at its meeting in Copenhagen in 1993. In particular, the

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political criteria require (cid:145)stability of institutions guaranteeing democracy, the rule of law, human rights and
respect for and protection of minorities(cid:146). The standards of protection of human rights are therefore taken
into consideration by the Commission in its assessment of Romania(cid:146)s progress towards accession to the
Community. Such an assessment was recently made by the Commission in the (cid:145)2000 Regular Report on
Romania(cid:146)s progress towards accession(cid:146) (1).

Romania has also ratified the European Convention on human rights in 1994 and its protocols, and is
therefore bound by the obligations that follow from these texts. The conditions for expulsion of residential
foreigners are regulated in Article 1, Protocol 7 of the Convention. Since Romania has also recognised the
jurisdiction of the Court of human rights, a case can be brought before this court for a violation of the
Convention and its protocols. However, such an action can only be admitted after all domestic remedies
have been exhausted.

In the latest regular report the Commission concluded that Romania on the whole fulfils the Copenhagen
political criteria but that further progress still needs to be made in reforming legislation related to political
and civil rights.

The Commission assists Romania and monitors its progress towards fulfilling the conditions for accession
to the Community. In this particular case the Commission notes that the Romanian judicial system has
been able to redress the situation and annul an expulsion order that it found contrary to Romanian
legislation.

(1) COM(2000) 710 final.

(2001/C 163 E/145)

WRITTEN QUESTION E-3471/00

by Lord Inglewood (PPE-DE) to the Commission

(8 November 2000)

Subject: Internal market for professional services

What steps is the European Commission taking to identify and eliminate barriers erected by certain liberal
professions to distort competition for the provision of professional services within the European Union?

Answer given by Mr Monti on behalf of the Commission

(5 December 2000)

In order to better identify the restrictions placed on competition by national legislation and by the liberal
professions and in order to better direct its competition policy in this area, the Commission has decided to
launch a study, the results of which will be known next year. This study will thrown light on the rules
governing certain liberal professions in the Member States and on the impact of such rules on competition.

At the same time it is abolishing restrictive practices,
in the area of price-fixing and
restrictions on advertising, on the basis of complaints it receives from users of the services of the liberal
professions.

in particular,

By using its decision-making and administrative procedures to apply the EC Treaty(cid:146)s competition rules, the
Commission aims to draw a clear-cut line, in the case of each liberal profession, between the professional
ethics which are outside its scope and the restrictive rules which fall within its scope.

The Commission also ensures that Member States repeal legislation which authorises or strengthens the
impact of restrictive practices followed by the liberal professions.