WRITTEN QUESTION E-1595/02 by Glyn Ford (PSE) to the Commission. Racism and xenophobia.
Date: 2002-06-05
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU law, criminal law, help for victims, indemnification, judicial cooperation, physical aggression, racism, xenophobia

C 92 E/68

Official Journal of the European Union

EN

17.4.2003

In addition, special importance is being given to the protection of and assistance to the victims of crime
within the general Union’s approach to crime. A Council Framework Decision 2001/220/JHA on the
standing of victims in criminal proceeding (2) was adopted by the Council on 15 March 2001 which
contains provisions regarding respect and recognition for crime victims, assistance and right
to
compensation in the course of criminal proceedings. More recently, the Commission has launched a
debate on compensation to crime victims, through a Green Paper adopted on 28 September 2001 (3). This
wide public consultation aims at examining how compensation to victims of crime in the Union could be
further improved through a Community initiative.

(1) OJ C 75 E, 26.3.2002.
(2) OJ L 82, 22.3.2001.
(3) COM(2001) 536 final.

(2003/C 92 E/068)

WRITTEN QUESTION E-1595/02

by Glyn Ford (PSE) to the Commission

(5 June 2002)

Subject: Racism and xenophobia

In the Commission’s proposal for a Council Framework Decision on combating racism and xenophobia,
presented on 28 November 2001, mention was made of a series of acts of racial violence committed in
1999 in Austria, France, Germany, Sweden and the United Kingdom, as well as Spain and Portugal.
Nothing at all is mentioned about Greece where, in October 1999, a gunman went on a shooting spree,
firing at any person who happened to look foreign. Two foreigners were killed and seven others were
injured, five of whom are still in a very serious condition. Two are paralysed from the waist down and one
still has a bullet lodged in his head because its removal could be fatal.

Among those injured, only one receives a disability pension from the Greek Government. Five others
received only a one-off compensation of some EUR 880, hardly enough to cover one month of medical
treatment, let alone their daily subsistence. The seventh injured person, probably a clandestine migrant,
disappeared.

The Commission can, quite understandably, not comment on how individual Member States deal with
victims of racist attacks. However, does the Commission not consider that appropriate care for victims
should be an integral part of the fight against racism and xenophobia, and that a provision on appropriate
compensation should have been included in the aforementioned proposal for a Council Framework
Decision, bearing in mind that the Commission had, after all, proposed, on 28 September 2001, EU action
in the field of compensation of crime victims?

Answer given by Mr Vitorino on behalf of the Commission

(4 July 2002)

Racism and xenophobia are a direct violation of the principles of liberty, democracy, respect for human
rights and fundamental freedoms and the rule of law, principles upon which the Union is founded and
which are common to the Member States as stated in Article 6 of the EC Treaty.

The Commission’s, in its proposal for a Council Framework Decision combating racism and xenophobia (1),
noted that the various reports produced by the national media, the official authorities, the European
Monitoring Centre on Racism and Xenophobia or NGOs reveal, unfortunately, that no Member State of
the Union is immune from this phenomenon.

the Commission’s proposal

The purpose of
the same racist and
is twofold:
xenophobic conducts are punishable by the same penalties in all Member States and secondly, to improve
and encourage judicial cooperation by removing potential obstacles. The Draft Framework Decision
contains a provision to ensure that investigation or prosecution not be dependent on the report or
accusation made by a person subjected to the offence, at least in cases of serious racist offences.

to ensure that

firstly,

17.4.2003

EN

Official Journal of the European Union

C 92 E/69

As regards the protection of and assistance to the victims of crime, the Union follows a horizontal
approach. To this extent a Council Framework Decision on the standing of victims in criminal
proceedings (2) was adopted on 15 March 2001. This instrument contains provisions regarding the right
to compensation in the course of criminal proceedings,
to obtain a decision within
reasonable time limits and to encourage the offender to provide adequate compensation to victims.

in particular,

The Commission’s Green Paper on compensation to crime victims (3) launches a wide public consultation
on how compensation to victims of crime in the Union could be further improved through a Community
initiative.

One of the most important issues includes how adequate compensation for victims of racist offences or of
other crimes with racist motives can be ensured. In the autumn of this year the Commission expects to
conclude its assessment of how this issue could be taken forward. This assessment will also take due
account of the upcoming opinion of the Parliament on the Green Paper.

(1) OJ C 75 E, 26.3.2002.
(2) OJ L 82, 22.3.2001.
(3) COM(2001) 536 final.

(2003/C 92 E/069)

WRITTEN QUESTION E-1605/02

by Chris Davies (ELDR) to the Commission

(5 June 2002)

Subject: Jim Currie and reform of Staff Regulations

1. What requirements has the Commission now placed upon Mr Currie, the former Director- General
of DG Environment, in order that he may accept a role as a non-executive director with British Nuclear
Fuels Ltd?

In what ways do these differ from the requirements placed upon former Commission staff on

2.
previous occasions and in similar circumstances?

3.
In what ways will the Commission’s published proposals for reform of the Staff Regulations ensure
that the Commission has greater ability to curb the risk of conflicts of interest and the weakening of the
Commission’s reputation for independence which may occur when its existing or former employees take
up employment elsewhere?

In the light of recent experience does the Commission intend to make additional proposals to

4.
strengthen the Staff Regulations to address such problems?

Answer given by Mr Kinnock on behalf of the Commission

(7 August 2002)

The Commission refers the Honourable Member to the answers given to his written question E-

1.
1466/02 (1) and to the written question E-1708/02 from Mrs Ahern (2).

2.
Because each request is specific, applications for approval of the functions taken up by civil servants
after leaving the service of the Commission are considered on a case by case basis. It is therefore not
possible to draw precise comparisons between Mr Currie’s situation and those that have arisen on previous
occasions. However, all cases are examined in accordance with the same rules, and it may be noted that in