WRITTEN QUESTION E-3687/00 by Salvador Garriga Polledo (PPE-DE) to the Commission. Freedom of association for Europe-wide political groupings.
Date: 2000-11-29
Institutions: European Parliament, Provisional data
Subjects: European association, citizens' Europe, freedom of association, political participation, political parties, politics

C 318 E/4

Official Journal of the European Communities

EN

13.11.2001

Supplementary answer
given by Mrs Diamantopoulou on behalf of the Commission

(30 May 2001)

The Commission wrote to the German authorities in November 2000 and again in January 2001 asking
for further information on the subject of the pay and conditions of mother-tongue language teachers in
the German Land of Hessen.

The German authorities have now replied and have explained that the pay of all teachers is determined by
two criteria; qualifications (how many subjects the teacher is qualified to teach) and the number of subjects
actually taught. As mother tongue language teachers only teach one subject they are paid less than
teachers who teach two or more subjects. The difference in treatment between mother tongue language
therefore based upon
teachers and other
criteria unrelated to nationality, and as such does not appear to the Commission to be contrary to
Community law.

(whether of German or other nationality)

teachers

is

The Honourable Member asks whether it would be acceptable to pay mother-tongue teachers at a lower
rate if they were expressly required to have a full teaching qualification from their Member State of origin
and if they had had that teaching qualification formally recognised by the German authorities as equivalent
to a German qualification.

If a mother-tongue language teacher was fully qualified in his home Member State to teach more than one
subject, then he would satisfy one of the two criteria set out by the Hessen authorities to be used for salary
purposes, and would be placed on the appropriate salary scale. It appears to the Commission that the
recognition of the foreign teaching qualifications of mother-tongue language teachers from other Member
States does not alter the fact that they only teach one subject, and are therefore placed on a lower salary
scale than teachers (of any nationality) who teach more than one subject. The Commission would point
out that mother-tongue language teachers are not required to have their teaching qualifications formally
recognised by the German authorities in order to teach a mother-tongue language.

For the reasons explained above, it does not appear to the Commission that the criteria used by the Hessen
authorities to place mother-tongue language teachers on the salary scale discriminate on grounds of
nationality. The principle of equality of remuneration between migrant workers and workers of the host
Member State only applies when they are doing the same job, and it is clear that a mother-tongue
language teacher teaching one subject is not doing the same job as a teacher who teaches several subjects.
Finally, the Commission does not consider that the placing of mother-tongue language teachers on a lower
salary scale compared to teachers of several subjects is a breach of the right to free movement because
although mother-tongue language teachers are paid less than teachers who teach more than one subject
they are able to teach in Germany without having their teaching qualifications formally recognised. It is
therefore not at all clear, overall, whether there is any deterrent to the right of free movement.

(2001/C 318 E/005)

WRITTEN QUESTION E-3687/00

by Salvador Garriga Polledo (PPE-DE) to the Commission

Subject: Freedom of association for Europe-wide political groupings

(29 November 2000)

Many Union citizens are seeking to join with nationals of different Member States in campaigning for
Europe, thereby giving expression to their aspirations to integration and their concern to unite as closely
as possible by sharing in the common European ideal.

However, because of the yawning legal gaps still existing at national level, groupings of citizens from
different Member States are deprived of a frame of reference in Community law that would enable them to
perceive themselves as European political associations working to promote Europe-wide integration of the
EU Member States.

13.11.2001

EN

Official Journal of the European Communities

C 318 E/5

Does the Commission believe that it should help to fill the legal vacuum mentioned above with a view to
establishing freedom of association for Europe-wide political groupings and proposing organisational
arrangements for bodies bringing together citizens who wish to share in pro-European activities, modelled
on other forms of organisation laid down in the Community, for example the European Economic Interest
Grouping?

Answer given by Mr Liikanen on behalf of the Commission

(28 May 2001)

The Commission has submitted a draft Regulation on a Statute for a European association (1) to the
Council for adoption, in order to facilitate co-operation between individuals or organisations that wish to
operate at European level through a non-profit body in order to accomplish their objectives.

The draft was proposed in 1992, together with texts for a European co-operative and a European mutual
society, amended in 1993 (2) following the opinions of the Parliament and the Economic and social
committee, but so far has not been adopted by the Council. These texts contain provisions on workers(cid:146)
participation similar to those proposed in the statute for a European company. The latter text has been
unblocked at the European Council in Nice. The Commission expects that the work in the Council will
now proceed swiftly in order to allow an adoption of all four statutes in the near future.

The statute on a European association is designed among others to allow the pursuance of initiatives as
referred to in the question. In the preamble it states that such a European association (cid:145)exemplifies a People(cid:146)s
Europe in helping and encouraging individuals to play an active role in the life of the Community(cid:146). If such
groupings were to take the form of a political party according to the legal framework of the Member State
of registration, they would also be required to fulfil the specific legal requirements of the Member State in
question.

Furthermore, the Commission adopted a proposal on European political parties on 13 February 2001 that
is currently under discussion in Council and Parliament. This proposal (3) would create a legal basis for the
recognition and financing of European political parties.

(1) OJ C 99, 21.4.1992.
(2) Amended proposal OJ C 236, 31.8.1993.
(3) COM(2000) 898.

(2001/C 318 E/006)

WRITTEN QUESTION E-3711/00

by Carles-Alfred Gas(cid:242)liba i B(cid:246)hm (ELDR) to the Commission

Subject: The road between Cabanes and Oropesa (Castell(cid:243)n province)

(30 November 2000)

In the province of Castell(cid:243)n in Spain, there is a scheme to build a road linking Cabanes and Oropesa. The
job has already been awarded to the Necso-Rover Alcisa company.

impact study of

No environmental
the effects on the Desierto de las Palmas natural park and its
surroundings has been carried out in connection with this road scheme, although the area is home to
numerous unique local species, constituting a highly habitat-sensitive fauna, both in the L(cid:146)Ullal de Miravet
cave and the other caves of the area; these species could suffer extinction as a result of any alteration to
their habitat.

The southern section of
environmental importance equal to or greater than the Desierto de las Palmas natural park itself.

the aforesaid road scheme would also affect areas of natural beauty and

Since the requisite environmental impact study for each of the preliminary proposals for the north, central
and southern sections of the road has never been carried out, what does the Commission intend to do to
make sure that environmental legislation is complied with?