WRITTEN QUESTION E-3606/01 by Salvador Garriga Polledo (PPE-DE) to the Commission. European Union publicity campaign against the death penalty.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: United States, death penalty, human rights, public awareness campaign

5.12.2002

EN

Official Journal of the European Communities

C 301 E/13

Answer given by Mr Vitorino on behalf of the Commission

(7 March 2002)

It is impossible to estimate with any precision the numbers of illegal residents living in the major cities of
the Union. Evidence from regularisation programmes over the last few years indicate, however, that many
of them are known to the authorities (having overstayed their original visas) and have a job. Recent studies
show that the number of people from the candidate countries working legally in the Union is relatively
low compared to the whole Union workforce (approx. 300 000 plus dependants = 0,2 % of the Union
workforce). In addition there are an unknown number of undocumented Central and Eastern Europe
countries (CEEC) nationals working in the Member States often on a temporary basis while violating
residence regulations by changing the purpose of their stay or overstaying their three-month visa-free
residence. Figures on the ethnic origin of these illegal workers are not available.

Although measures taken by Member States as well as within the Union framework up to now have
undoubtedly had an effect, additional steps are seen as necessary to fight against illegal immigration and
residence. The Commission has, therefore, forwarded a Communication to the Council and the Parliament
on a common policy on illegal immigration (1), containing an action plan with appropriate measures. As
requested by the Laeken European Council of 14 and 15 December 2001 the Council is about to adopt its
own action plan, largely based on this Communication.

Furthermore,
the Commission will be issuing soon another Communication on an integrated and
comprehensive strategy on border control and management which will build upon the existing common
acquis on external borders. It will sketch out how to increase further the capability to address effectively
the challenges posed at the Union’s external borders by both illegal
immigration and the activities of
criminal networks. In order to reduce the number of illegal residents, who cannot be identified and
subsequently returned to their countries of origin, the Commission has also proposed assessing the
feasibility of a European Visa Identification System in order to establish a timely instrument to ensure
proper admission for short-term stays and return after expiration of the visa. The European Council has
already asked the Council to take the necessary steps to set up such a system in its conclusion no 40 and
42 of the Laeken European Council of December 2001.

Another major issue, which needs to be addressed in the context of illegal residence, is the availability of
undeclared work in the Union. The possibilities for working in the black labour market create a significant
pull factor for irregular migrants. Appropriate sanctions must, therefore, be imposed on employers of
illegal residents. These sanctions must focus in particular on the financial advantages they gain by
employing illegal workers.

The Commission believes that the implementation of the policies which it has already put forward and in
particular a more transparent policy on legal migration, as described in its Communication on a
Community immigration policy (2), together with the co-ordination of policies designed to reduce push
factors in countries of origin, an improved and strengthened system of controls at the Union external
borders and greater efforts to enforce labour legislation in the Member States, will lead to a reduction of
illegal immigration and residence.

(1) COM(2001) 672 final.
(2) COM(2000) 757 final.

(2002/C 301 E/011)

WRITTEN QUESTION E-3606/01

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

(8 January 2002)

Subject: European Union publicity campaign against the death penalty

The recent publication of an autobiographical account by a Spanish citizen who had been sentenced to
death in the United States and succeeded in escaping death thanks to a judicial review of his case
demonstrates the fact that capital punishment is currently one of the worst blots on humanity in certain
countries of the world.

C 301 E/14

Official Journal of the European Communities

EN

5.12.2002

It is vital that the European Union as such should express at world level its condemnation of the death
penalty, giving those countries which still practise this maximum penalty to understand that they have
placed themselves beyond the realm of humanism, which demands the total abolition of this form of
punishment throughout the world.

Does the European Union believe that it should carry out, at its own expense, a worldwide publicity
campaign against the death penalty so that the whole world would know that the societies which make up
our Member States are firmly opposed to this irreversible form of punishment?

Answer given by Mr Patten on behalf of the Commission

(6 March 2002)

The European Union in 1998 decided, as an integral part of its human rights policy, to strengthen its
international activities in opposition to the death penalty. The Union works towards the universal abolition
of the death penalty as a strongly held policy now agreed by all Member States. This policy is also guided
by the EU Charter of fundamental rights (1) whose Article 2 proclaims that no one shall be condemned to
the death penalty. In the process of attaining this primary objective, where the death penalty still exists, the
Union calls for its use to be progressively restricted, and insists that it be carried out according to certain
minimum standards. The Union also presses, where relevant, for moratoria to be introduced. The Union
has produced internal guidelines for demarches and representations it makes on capital punishment, where
relevant, in multilateral fora and towards third countries.

Since the Honourable Member mentions the United States, it should be noted that EU policy is pursued
actively in relation to this country. Demarches in individual cases are frequently carried out by the Union,
represented by its Presidency, notably in relation to juveniles and the mentally retarded.

Another significant manifestation of Union policy was the demarche by the Union in February 2000,
inviting the United States to establish a general moratorium in view of complete elimination. On this
occasion a memorandum on EU-policy on the death penalty was presented to the United States Assistant
Secretary of State for Human Rights.

In addition, the Union has intervened in specific cases as an amicus curiae, on behalf of victims that have
appealed their death sentence to the United States Supreme Court.

Further information about Union action in the United States can be found in the Union’s annual Report on
Human Rights for 2001 (2).

The fight against the death penalty is also among the priority themes that have been identified in the
European Commission’s Communication to the Council and Parliament of 8 May 2001 regarding the
Union’s role in promoting human rights and democratisation in third countries (3). This commitment will
be translated into action by the identification of human rights projects under the Chapter B7-7, the
European Initiative for Human Rights and Democracy. The Commission recently approved a Programming
document for this budget line that notably foresees projects to raise public awareness of the numerous
shortcomings of the death penalty. This document has been sent to the Parliament and is available on the
Commission’s website.

(1) OJ C 364, 18.12.2000.
(2) http://www.europa.eu.int/comm/external_relations/human_rights/doc/report_01_en.pdf.
(3) COM(2001) 252 final.

(2002/C 301 E/012)

WRITTEN QUESTION E-3620/01

by Graham Watson (ELDR) to the Commission

(8 January 2002)

Subject: Individual rights in the EU

What is the Commission’s current view of the operation of double taxation on a single income in EU
Member States (as, for example, operated between Sweden and the United Kingdom)?