WRITTEN QUESTION E-0488/02 by Glyn Ford (PSE) to the Commission. Carriers' liability.
Date: 2002-02-22
Institutions: European Parliament, Provisional data
Subjects: Austria, EU migration policy, border control, illegal migration, international human rights law, liability, right of asylum, rights of aliens, transport company

5.12.2002

EN

Official Journal of the European Communities

C 301 E/43

On 25 February 2000, Mr Karaiskos brought proceedings against Mr Dede Abdulhalim before the court of
Komotini for alleged ‘insulting behaviour’. The case was heard on 6 September 2001. The judge decided by
judgment no 1071 to sentence Mr Dede in absentia to four months’ imprisonment. The appeal is to be
heard on 12 February 2002 at the Appeal Court in Komotini.

Is the Commission aware of this case?

Did these proceedings respect the right to freedom of expression and freedom of the press?

Will the Commission request information about this from the Member State concerned?

Answer given by Mr Vitorino on behalf of the Commission

(3 April 2002)

The Commission believes that freedom of expression and information are included in the principles
common to the Member States, referred to in Article 6(1) of the Treaty on European Union. These
principles were solemnly reaffirmed by the Charter of Fundamental Rights of the European Union,
Article 11 which states:

Everyone has the right to freedom of expression. This right shall

1.
include freedom to hold
opinions and to receive and impart information and ideas without interference by public authority and
regardless of frontiers.

2.

The freedom and pluralism of the media shall be respected.

As the explanations relating to the Charter make clear, this provision corresponds to Article 10 of the
European Convention for the Protection of Human Rights and Fundamental Freedoms.

In the case of the Member States, respect for this principle is ensured through the infringement procedure
laid down in Article 226 of the EC Treaty and through the political procedure provided for in Article 7 of
the Treaty on European Union. Under the former, the Commission may refer a matter to the Court of
Justice if the alleged breach falls within the scope of Community law. Under the latter, the Commission, or
a third of the Member States, may refer a matter to the Council, meeting at the level of Heads of State or
Government if a serious and persistent breach of the principles mentioned in Article 6 is alleged.

In the particular case raised by the Honourable Member, according to the information at the Commission’s
disposal, there is no evidence of incorrect application of Community law or the existence of a serious and
persistent breach within the meaning of Article 7 of the Treaty on European Union, such as to warrant
invoking the political procedure provided for in that Article.

At this stage, therefore, the Commission does not plan to put any further questions to the Greek
authorities.

Finally, as a general point, it is worth reiterating that anyone who believes that his or her fundamental
rights have been violated is entitled to seek redress through the national appeal courts and, after
exhausting these remedies, to take the case to the European Court of Human Rights if it involves a
violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

(2002/C 301 E/045)

WRITTEN QUESTION E-0488/02

by Glyn Ford (PSE) to the Commission

(22 February 2002)

Subject: Carriers’ liability

On 13 March 2001, Antonio Vitorino stated that carriers’ liability legislation may be an efficient tool in
fighting illegal immigration and that it would be necessary, in the long run, to take the matter even further
and look coherently at all means of transport,
including freight transport. Since then, a number of
developments have taken place.

C 301 E/44

Official Journal of the European Communities

EN

5.12.2002

On 1 October 2001, the Austrian Constitutional Court declared that the country’s carriers’ liability law was
unconstitutional and therefore null and void. The Austrian Supreme Court noted that carriers were
delegated a number of tasks normally performed by officials at immigration desks and that it was therefore
not clear how they could avoid depriving asylum-seekers of their right to claim protection as guaranteed
under the 1951 Geneva Convention.

Taking these factors into consideration, does the European Commission still support the views expressed
by Commissioner Vitorino in favour of carriers’ liability legislation?

(2002/C 301 E/046)

WRITTEN QUESTION E-0489/02

by Glyn Ford (PSE) to the Commission

(22 February 2002)

Subject: Carriers’ liability

Does the European Commission consider that it is realistically possible for Member States to have adopted
carriers’ liability laws and, at the same time, respect the obligations to which they subscribed under the
1951 Geneva Convention which give asylum-seekers the right to claim protection?

(2002/C 301 E/047)

WRITTEN QUESTION E-0490/02

by Glyn Ford (PSE) to the Commission

(22 February 2002)

Subject: Carriers’ liability

is the European Commission’s opinion on the view that

there is no difference between an
What
immigration official repatriating an asylum-seeker to his own country, where he faces persecution, and an
airline’s refusal to allow him to board a flight because of the possibility of fines being imposed on the
airline under carriers’ liability legislation?

(2002/C 301 E/048)

WRITTEN QUESTION E-0491/02

by Glyn Ford (PSE) to the Commission

(22 February 2002)

Subject: Carriers’ liability

instead of curbing the activities of immigrant
Does the European Commission share the view that,
smugglers or the flow of irregular migration or asylum-seekers as was intended, carriers’ liability laws have
resulted in some cases of traffickers making use of more ingenious and often dangerous methods,
benefiting from higher fees charged, thereby contributing to an increasing number of deaths of irregular
migrants or asylum-seekers?

(2002/C 301 E/049)

WRITTEN QUESTION E-0492/02

by Glyn Ford (PSE) to the Commission

(22 February 2002)

Subject: Carriers’ libaility

Is the European Commission aware of the numerous bona fide travellers, even EU nationals of European
origin, who are subjected to lengthy checks and interrogation as a result of the carriers’ liability laws and
who may even be refused the right to board their flight, despite the fact that they hold valid travel
documents?