WRITTEN QUESTION E-1342/01 by Glyn Ford (PSE) to the Commission. Employment rights for ministers of religion.
Date: 2001-05-04
Institutions: European Parliament, Provisional data
Subjects: employment policy, labour law, religion

20.12.2001

EN

Official Journal of the European Communities

C 364 E/87

Answer given by Mrs Diamantopoulou on behalf of the Commission

(11 July 2001)

Under Article 13 EC (ex Article 6A), introduced by the Treaty of Amsterdam, the Council is entitled
1.
to take appropriate action, on a proposal from the Commission, to combat discrimination based, inter alia,
on religion or belief. However, this provision has no direct effect and does not grant individuals any right
which can be enforced before national courts or the European Court of Justice.

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment
in employment and occupation (1) is based on Article 13 of the EC Treaty.

This Directive establishes a general principle of prohibition of any direct or indirect discrimination based,
inter alia, on religion or belief. Article 4(2) of the Directive deals specifically with churches and other
public and private organisations based on religion or belief. This provision would allow the religious
employer to justify differences of treatment on grounds of religion or belief which are necessary to
maintain the ethos of the relevant organisation or institution and to require that persons working for them
act in good faith and with loyalty to the organisation(cid:146)s ethos. Article 4(2), however, does not establish
a general exemption and provides that the differences of treatment which could be justified as referring to
a genuine, legitimate and justified occupational requirement for a specific job will depend on the context
or the nature of the job. The Directive also states very clearly that this provision should not justify
discrimination on any other ground.

The Member States now have until December 2003 to take the necessary measures at national level to
implement Directive 2000/78/EC.

The Commission does not have at its disposal any relevant information in order to be able to
2.
examine the existence of possible discrimination, in terms of employment conditions, between ministers of
different religions.

(1) OJ L 303, 2.12.2000.

(2001/C 364 E/093)

WRITTEN QUESTION E-1342/01

by Glyn Ford (PSE) to the Commission

(4 May 2001)

Subject: Employment rights for ministers of religion

Does the Commission take the view that its aim should be to ensure all workers have full employment
rights no matter what their occupation? When does it plan to extend these rights to ministers of religion,
who are currently being treated in some cases in an almost feudal manner by illiberal religious authorities?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 July 2001)

Community employment law applies in principle to all employees. However, the concept of an employee
is not itself defined in European employment law. As far as employment law is concerned, there therefore
exists no horizontal definition of an employee, which would be universally applicable across all Member
States. European Directives in the field of employment law therefore only apply to persons who, in the
Member States, are protected as employees under national employment law.

In some Member States, ministers of religion are not considered to be employees according to national
employment law. In such cases they are not covered by European employment law.

C 364 E/88

Official Journal of the European Communities

EN

20.12.2001

In its Declaration No 11 on the status of churches and non-confessional organisations, annexed to the
Final Act of the Amsterdam Treaty, the Union emphasises that it respects and does not prejudice the status
under national law of churches and religious associations or communities in the Member States. As the
status of ministers of religion is closely linked to the status and internal organisation of churches and
religious communities, the question as to whether or not ministers of religion have the status of employees
under national employment law is therefore also a matter to be decided at the national level.

(2001/C 364 E/094)

WRITTEN QUESTION E-1343/01

by Fernando FernÆndez Mart(cid:237)n (PPE-DE) to the Commission

(4 May 2001)

Subject: World conference against racism, discrimination and xenophobia

The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance is to be
held in Durban (South Africa) from 31 August to 7 September 2001.

What plans does the Commission have in relation to this event?

Will the Commission make any specific contribution?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 July 2001)

The Commission will contribute to the debate taking place at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance with a Communication (1). This Communication
summarises the measures which have already been taken at the level of the Union to combat racism, and
demonstrates what can be achieved by a group of states acting together at regional level. The Member
States and the institutions of the Union have shown their commitment to the fight against racism by co-
ordinating their policies and activities in a number of areas at European level. The Council has also
adopted binding legislation at European level to prohibit racial discrimination, which the Member States
are required to implement into their national laws. The examples of work in the Union set out in the
Communication are intended not only to contribute to debate at the World Conference, but also to inspire
efforts to combat racism at a regional level throughout the world, in the years that follow the Conference.
The World Conference will also provide an opportunity for the Union to learn from the experiences of the
rest of the world. This should help devise future strategies and measures to combat racism.

In the preparations for the World Conference, the Commission is involved in the drafting and negotiation
process of the Political Declaration and Programme of Action to be adopted by the Conference. The
Commission will lead the Community Delegation to the Conference which will include Members of the
Parliament, representatives of the European Monitoring Centre on Racism and Xenophobia and relevant
non-governmental organisations (NGOs).

The Community has also been actively involved in the preparatory process of the World Conference both
in the preparation of
the European Regional Conference (Strasbourg 11-13 October 2000) and by
participating in the other regional conferences (Americas, Africa and Asia) and has contributed € 3,6
million to the Office of the High Commissioner for Human Rights to support the participation of
NGOs in the preparatory process (Santiago, 5-7 December 2000; Dakar, 21-24 January 2001; Teheran,
19-21 February 2001) and the World Conference itself.

(1) COM(2001) 291 final.