WRITTEN QUESTION E-3808/00 by Neil MacCormick (Verts/ALE) to the Commission. Lettori.
Date: 2000-12-07
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, EU national, Italy, competence of the Member States, language teaching, occupational status, teacher, university

19.6.2001

EN

Official Journal of the European Communities

C 174 E/149

What measures will the Commission take to ensure that Community aid is paid in full to those entitled to
it without the slightest financial deduction being made in Greece, in accordance with Community rules?

Answer given by Mr Fischler on behalf of the Commission

(30 January 2001)

It is true that in Greece there are several deductions of the Community aid, either at central level (e.g.
Agricultural Insurance Fund, Elaiourgiki (cid:129) Union of the olive oil producers organisations, etc.) or at local
level (e.g. producers organisations etc.).

The Greek authorities have claimed that these amounts have to be considered as contributions of the
producers because they have an apparent compensating effect; in the case of deductions by the producers
organisations, that these have been decided by the general assemblies of their members.

Council Regulation (EC) No 1259/1999 of 17 May 1999 establishing common rules for direct support
schemes under the common agricultural policy (1), which applies from 1 January 2000, has introduced a
clear (cid:145)full payment(cid:146) requirement (Article 2) for all the support schemes indicated in its Annex, including
olive oil and tobacco but not cotton.

The Commission is examining the nature and the size of the deductions, as well as the arguments of the
Greek authorities. Where appropriate,
it will follow the normal clearance procedure with a view to
applying financial corrections.

(1) OJ L 160, 26.6.1999.

(2001/C 174 E/154)

WRITTEN QUESTION E-3808/00

by Neil MacCormick (Verts/ALE) to the Commission

(7 December 2000)

Subject: Lettori

In a letter from President Prodi(cid:146)s Private Office dated 24 October 2000 to Mr David Petrie, Chairman of
The Association of Foreign Lecturers in Italy, the Commission states that (cid:145)only Italian law may regulate
professional status within Italian universities(cid:146). Is it therefore the Commission(cid:146)s view that no Italian law
whatsoever could be contrary to the norms of European Community law? Would this not be contrary to
the principles of supremacy and direct effect?

Will the Commission please confirm that legislation adopted by Italy or by any other Member State may
have to be disapplied where there is conflict with Treaty law or other binding Community norms? Will the
Commission please state why it considers the Italian law No 236/95 to be in conformity with Union law
in respect of its impact on the rights of lettori? Is the mere fact that this law deals with university posts
deemed in Italy to be civil service posts a bar to any Community control?

Finally, will the Commission state what action it is taking in response to Parliament(cid:146)s resolution of
27 October 2000?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(15 February 2001)

The Commission agrees with the Honourable Member that the general principle of Community law would
prescribe the non-application of any piece of national legislation which contravenes European law.

C 174 E/150

Official Journal of the European Communities

EN

19.6.2001

The Commission does not consider that Italian law 236/1995 constitutes as such a breach of European
law, inasmuch as it lays down the conditions for the recruitment of language assistants and their essential
job description, while referring their concrete working conditions to collective bargaining at the appro-
priate level. Furthermore, the law confirms the acquired rights of lecturers who were in office prior to its
entry into force.

Thus, the Commission considers that this legal regime does not appear to discriminate against nationals
and that it is in conformity with the Italian legal standards that are followed for the legitimate modification
or adaptation of the legal status of any other professional category working for the Italian State.

However, on the basis of a large number of complaints from Community citizens and on the basis of a
substantive amount of information collected, the Commission has sufficient evidence showing that the
implementation of this legal regime in several State universities did not entirely respect the lecturers(cid:146)
acquired rights, despite what was provided for by law 236/1995.

Thus, while acknowledging that the organisation of the teaching and non-teaching staff within Italian
universities is not a matter of competence for the Commission, the Commission was able to conclude that
the lack of sufficient protection of acquired rights of the former lecturers, who were mainly non-Italian
Community citizens, could be considered as a breach of Community law.

In this context, and in connection with the Parliament(cid:146)s Resolution of 27 October 2000 on the lettori, the
Commission would like to confirm that it is pursuing an infringement case against Italy before the Court
of Justice. The Commission(cid:146)s infringement case is based on the lack of protection of the lecturers(cid:146) acquired
rights due to the practice of a number of Italian State universities when implementing law 236/1995.

The Commission considers that, within its remit, this infringement case strikes the right legal balance
between the legitimate competence of the Italian State and the Commission(cid:146)s essential duty to protect
European citizens(cid:146) rights.

(2001/C 174 E/155)

WRITTEN QUESTION E-3809/00

by Neil MacCormick (Verts/ALE) to the Commission

(7 December 2000)

Subject: Export of live horses

European Union legislation on the transportation of horses states that, after every 8 hours of travel, the
horses must be unloaded, given food and water and rested for at least 24 hours. The animals must be
facing the same direction, be tethered, and mares and stallions should be separated.

Will the Commission state what steps it is taking to ensure compliance?

Answer given by Mr Byrne on behalf of the Commission

(31 January 2001)

Chapter VII of the Annex to Council Directive 91/628/EEC of 19 November 1991 on the protection of
animals during transport and amending Directives 90/425/EEC and 91/496/EEC (1) as amended by
Directive 95/29/EC of 29 June 1995 (2) provides watering and feeding intervals as well as journey times
and resting periods for livestock including horses.

As a general rule journey times for livestock shall not exceed eight hours. However paragraph 4(c) of
Chapter VII allows domestic solipeds to be transported for a maximum period of twenty-four hours
provided that additional requirements are met.