WRITTEN QUESTION E-2550/01 by Jorge Hernández Mollar (PPE-DE) to the Commission. Complaint regarding the discrimination suffered by foreign prisoners in Community prisons.
Date: 2001-09-19
Institutions: European Parliament, Provisional data
Subjects: EU Member State, competence of the Member States, criminal law, discrimination on the basis of nationality, human rights, prisoner, release on licence

C 115 E/114

Official Journal of the European Communities

EN

16.5.2002

Under the sixth indent of Article 30(1) of Council Regulation (EC) No 1257/1999 on support for rural
development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and
repealing certain Regulations (2), assistance for reinstating natural areas destroyed by fire can be granted
from the European Agricultural Guidance and Guarantee Fund (EAGGF) to help restore forest production
potential.

Such assistance, however, can be granted only where the rural development programme is appropriately
designed and on condition that EAGGF funds allocated for regional development in Objective 1 regions
under the Community support framework (CSF) for 2000-2006 are sufficient to provide a significant
contribution towards work to repair the damage caused by the disaster.

Just because regional programming is multiannual does not mean it has to be static; on the contrary, it
must adapt to the actual situation so the final objectives of rural and overall development of the region are
achieved.

In this connection, the European Regional Development Fund (ERDF) too can provide assistance for
measures to protect and restore the natural environment in Andalusia under the environment, natural
surroundings and water resources priority of the Andalusia integrated operational programme for 2000-
2006.

In addition, the programme complement for that operational programme provides EUR 1,76 million for
forestry under that priority; of that amount, EUR 1,23 million (70 % of total) is to come from the EAGGF.

In accordance with the principle of subsidiarity, it is for the Member State to choose the actual projects for
part-financing, primarily on the basis of the selection criteria laid down for the programming period and
in line with its own priorities.

It is therefore for the regional authorities responsible for managing and renewing the programme to
consider providing such assistance, where they deem it necessary.

(1) OJ L 217, 31.7.1992.
(2) OJ L 160, 26.6.1999.

(2002/C 115 E/117)

WRITTEN QUESTION E-2550/01

by Jorge Hernández Mollar (PPE-DE) to the Commission

(19 September 2001)

Subject: Complaint regarding the discrimination suffered by foreign prisoners in Community prisons

including the
Various Community courts have protested at the impunity with which state powers,
judiciary, discriminate against foreign prisoners, both Community and non-Community nationals, with
regard to the freeing of prisoners on licence.

The judges have considered it unjust that non-nationals are systematically denied the possibility of being
freed on licence on the grounds that they have no roots in the country in which they are serving their
sentence and that they might flee. Given that being freed on licence is not possible, their behaviour outside
prison cannot be assessed and there is therefore no possibility either of them being placed in the lowest
category of prisoners with day-release privileges.

Can the Commission say whether it considers it appropriate, with a view to preventing this discrimination
against foreign prisoners : both Community and non-Community nationals : as regards being freed on
licence, to propose Community legislation guaranteeing that foreign prisoners can be freed on licence on
the same conditions as prisoners who are nationals of the state concerned?

16.5.2002

EN

Official Journal of the European Communities

C 115 E/115

Answer given by Mr Vitorino on behalf of the Commission

(30 October 2001)

The Commission would stress its great interest in the issues raised by the Honourable Member which
jeopardise the principles of equality and non-discrimination as restated in the Charter of Fundamental
Rights.

The Commission would point out that the rules on releasing prisoners on licence to which the Honourable
Member refers are enshrined in national criminal law and thus, in principle, fall within the jurisdiction of
the Member States. However, the Court has constantly maintained that Community law restricts this
jurisdiction (1). The rules may not discriminate on grounds of nationality against persons entitled under
Community law to travel or stay in a specific Member State as recipients of services nor can they restrict
the fundamental freedoms guaranteed by Community law, unless such discrimination is justified by
objective circumstances or by Member State’s obligations relating to public policy and national security.

The Commission plans to question the Member States on the subject of their systems for releasing
prisoners on licence regardless of the nationality of the prisoners.

At the present time, the Commission can see no reason for proposing Community regulations to guarantee
non-national prisoners the same rights to be released on licence on the same terms as national prisoners.

(1)

Judgment of the Court of Justice of 2 February 1989 in Case 186/87 [1989] ECR I-195; judgment of 10 February
2000 in Case C-340/97 [2000] ECR I-957.

(2002/C 115 E/118)

WRITTEN QUESTION E-2553/01

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

(19 September 2001)

Subject: Action to bring Community citizens closer to the European institutions

The EU Foreign Ministers recently agreed that there is a gulf between the public and the EU institutions
and that they must react quickly to ensure that Europeans attach more value to the historic objective of
constructing a united Europe.

One of the main conclusions of the debate was the emphasis placed on the need for the EU to be included
in education and training programmes in all the Member States.

Can the Commission say whether, making use of its right of initiative, it considers it necessary for the
Member States to define, on a compulsory basis, teaching material to be imparted to pupils on the nature
of the EU, its institutions and its tremendous achievement of guaranteeing peace for so many decades and
making the EU the prime area of peace and freedom in the world, not to mention impressive economic
development?

Answer given by Mrs Reding on behalf of the Commission

(29 October 2001)

including the content of teaching,

The Commission would draw the Honourable Member’s attention to the fact that the organisation of
is the responsibility of the Member States, as
education systems,
provided in Article 149 (ex Article 126) of
‘the Community shall contribute to the
development of quality education by encouraging cooperation between Member States (…) while fully
respecting the responsibility of the Member States for the content of teaching and the organisation of
education systems (…)’.

the EC Treaty: