WRITTEN QUESTION E-0767/01 by Charles Tannock (PPE-DE) to the Commission. The Charter of Fundamental Rights (employers' ability to discriminate on the basis of language ability).
Date: 2001-03-13
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, competition (EU), linguistic discrimination, recruitment

13.11.2001

EN

Official Journal of the European Communities

C 318 E/117

(2001/C 318 E/123)

WRITTEN QUESTION E-0767/01

by Charles Tannock (PPE-DE) to the Commission

(13 March 2001)

Subject: The Charter of Fundamental Rights (employers(cid:146) ability to discriminate on the basis of language

ability)

Can the Commission indicate whether it has fully thought through the implications of the extensive list of
attributes listed in Article 21 of the Charter of Fundamental Rights on the basis of which discrimination
would be prohibited were the Charter to be incorporated into the treaties, and,
the
prohibition on discrimination on the basis of language? Is the Commission seriously suggesting that the
ability to speak a language is not a justifiable basis for discrimination between job applicants, so that it
would be unlawful for a Health Authority, for example, through language aptitude tests to ensure that
doctors or nurses were able to understand and express themselves clearly to their patients, or for
translators to be required by their employer to speak a particular language, and if the Commission does
believe that language skills are not a proper basis for discrimination then does it intend to do away with
the language requirements that form part of the competitive examination (concours) which must be sat by
those wishing to join the Commission or the other European institutions?

in particular,

Answer given by Mr Vitorino on behalf of the Commission

(19 April 2001)

The Commission would point out first of all that the Charter of Fundamental Rights, seminal provisions
intended for incorporation in the Treaties, was drawn up by a convention where the Commission
participated along with representatives of the heads of State and government, the national parliaments and
the European Parliament.

It would further point out that Article 21 of the Charter corresponds to Article 14 of the European
Convention on Human Rights, although the scope of the former is wider, particularly concerning the
prohibition on discrimination on the basis of language, to which the Honourable Member refers.

Concerning the substance, discrimination only arises if one person is treated less favourably than another
in a situation that is comparable on the basis of a specific criterion.
In the examples cited by the
Honourable Member, the language criterion could in any case be objectively justified on the basis of
a legitimate objective.

(2001/C 318 E/124)

WRITTEN QUESTION E-0769/01

by Charles Tannock (PPE-DE) to the Commission

(13 March 2001)

Subject: The destruction of Schinias marsh on the Attica peninsula

Can the Commission indicate whether the Greek government(cid:146)s plans to use the site of the battle of
Marathon as the venue for the rowing and canoeing events for the forthcoming Olympic Games and the
destruction which this will cause not only to the battle site but also to the adjoining Schinias marsh, which
is home to a hundred and seventy six species of birds (including eagles, herons, peregrine falcons, red kites,
pelicans and the glossy ibis) as well as four thousand species of insect and the baskia fish, found nowhere
else in the world, is legal under European law?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(25 April 2001)

The Commission would like to inform the Honourable Member of the registration of a formal complaint
related to the proposed construction of an Olympic canoeing and rowing centre in Schinias. In the
framework of the investigation of the case, the Commission sent a letter to the Greek authorities drawing