WRITTEN QUESTION E-3503/01 by Camilo Nogueira Román (Verts/ALE) to the Commission. Draft organic law on universities (OLU) put forward by the Spanish Government.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Spain, competence of the Member States, government bill, organisation of teaching, university

C 147 E/190

Official Journal of the European Communities

EN

20.6.2002

(2002/C 147 E/197)

WRITTEN QUESTION E-3496/01

by Vincenzo Lavarra (PSE) and Giovanni Pittella (PSE) to the Commission

Subject: Large-scale fraud affecting the EU

(8 January 2002)

According to reports published in today’s press, the Taranto Public Prosecutor’s Office has issued three
preventive arrest warrants against the former ASI commissioner in Taranto, the ‘retired’ director of the
Alenia company and a member of the contract award panel under investigation, on charges of fraud
involving improper use of EU funds. The relevant funds (ITL 4,2 billion) had been earmarked for the
purchase of seven stations to monitor the quality of the water in the vicinity of the Taranto’s industrial
zone. According to the charges, the monitoring stations have never been put into operation.

The repeated instances of fraud which are extremely detrimental to the EU’s financial interests make it
essential that the Commission and the European Parliament do their utmost to prevent such criminal
action.

Is the Commission aware of these problems? What action does it intend to take to protect its own financial
interests?

Answer given by Ms Schreyer on behalf of the Commission

(6 February 2002)

The Commission has no specific information about the case cited by the Honourable Members.

The Commission has received no communication from the Italian authorities under Commission
Regulation No 1681/94 of 11 July 1994 concerning irregularities and the recovery of sums wrongly paid
in connection with the financing of the structural policies and the organisation of an information system
in this field (1).

The European Anti-Fraud Office (OLAF) has undertaken to contact the Italian judicial authorities.

The Commission would ask the Honourable Members to pass on any further information they might
receive directly to OLAF.

(1) OJ L 178, 12.7.1994.

(2002/C 147 E/198)

WRITTEN QUESTION E-3503/01

by Camilo Nogueira Román (Verts/ALE) to the Commission

(8 January 2002)

Subject: Draft organic law on universities (OLU) put forward by the Spanish Government

The Spanish Government has put forward a draft organic law on universities (OLU), currently being
debated in the Senate following an urgent procedure in the Congress of Deputies, which has given rise to
heated controversy throughout the academic community, with demonstrations and protests supported by
the Conference of Rectors of Spanish universities, professors, students and administrative staff from all of
Spain’s state universities.

Given that the drafting of the law revealed a serious lack of dialogue with the academic world and the
autonomous communities, the protests have been aimed at securing the withdrawal or thorough revision
of the government bill. The questions raised by this bill are extremely serious and include the lack of
provisions for improving the funding of universities and grants, restrictions on university autonomy, the

20.6.2002

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Official Journal of the European Communities

C 147 E/191

recentralisation of university powers assigned to the autonomous communities, measures likely to favour
private over state universities and the politicisation of the procedure for electing university administrative
bodies.

Three of these issues concern the integration of Spanish state universities into the university system in the
European Union as part of the process of building a political and social Europe: the disregard for university
autonomy and moves towards the domination of universities by the political power, the lack of financial
flanking measures in view of the fact that Spanish state universities currently lag far behind universities in
the remaining European states in terms of
in education and state-funded research (the
investment
percentage of GDP earmarked for university education stands at around 1,1 % against an EU average of
2 %, while investment in R & D stands at around 0,38 % against a European average of 1,6 %, rising to
2,4 % in Germany) and, finally, the lack of guarantees regarding the creation of the European university
area. As regards this last point, the OLU seeks to introduce a system of state qualifications for access to the
profession of university lecturer which will tend to centralise the system and leave access in the hands of
closed groups holding political and educational power in the centre of the state and the university system,
contrary to the principles of the Magna Carta of European Universities.

What steps will the Commission take with regard to the Spanish state and the OLU in order to guarantee
university autonomy, safeguard a democratic state education system providing equal opportunities in
accordance with the Charter of Fundamental Rights of the EU and remove the obstacles which are thereby
being posed to the process of building a political and social Europe?

Answer given by Mrs Reding on behalf of the Commission

(4 February 2002)

In accordance with article 149 of the Treaty on European Union, the Community must fully respect the
responsibility of the Member States for the organisation of the education systems. The Commission is
therefore not considering any specific steps with regard to Spain and the draft Organic Law on
Universities.

(2002/C 147 E/199)

WRITTEN QUESTION E-3505/01

by Camilo Nogueira Román (Verts/ALE) to the Commission

(8 January 2002)

Subject: France’s other languages

In reply to my question on the action taken by the Commission regarding the institutional and budgetary
difficulties encountered in France in using languages of that state other than French (E-2464/01 (1)), the
Culture Commissioner, Vivianne Reding, stated that the matter fell within the competence of the Member
States and did not concern the Commission.

language of the state concerned,

Bearing in mind that the right to use the languages of European countries, including languages which are
not an official
is enshrined in the Charter of Fundamental Rights
approved at the Nice Intergovernmental Conference, what institution is responsible for enforcing this right
if the Commission considers that it does not have the power to do so, even though, on the other hand, it
rightly considers itself empowered to take action of such paramount significance as,
for example,
preventing the merger of powerful companies operating on European territory if such a merger would
contravene competition rules?

(1) OJ C 93 E, 18.4.2002.