WRITTEN QUESTION E-1947/02 by Mihail Papayannakis (GUE/NGL) to the Commission. Repression of trade union movements.
Date: 2002-07-03
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, EU Member State, accession criteria, freedom of association, labour relations, protection of freedoms, trade union freedom

C 301 E/250

Official Journal of the European Communities

EN

5.12.2002

Management of the subsequent phases (deployment and operational phases) will be entrusted to a private
entity (concession) following a call for tenders to be issued by the Joint Undertaking.

No decision has been taken as to the possible setting-up of a European multimodal satellite navigation
agency. Consequently, its location, resources and the number of people which it would employ are of
course unknown.

(2002/C 301 E/265)

WRITTEN QUESTION E-1947/02

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Repression of trade union movements

(3 July 2002)

A recent report by the International Confederation of Free Trade Unions (ICFTU) notes a disturbing
increase in the repression of trade union movements worldwide and the growing tendency towards
persecution of trade unionists, refusal to recognise trade unions or negotiate with them, dismissals,
imprisonment and even the physical elimination of trade unionists. According to the report, trade union
rights are being curtailed in a number of applicant countries (Bulgaria, Czech Republic, Latvia, Poland,
Romania) as well as in Member States (Spain, the UK, Germany).

Given that the Copenhagen criteria stipulate that respect for fundamental rights is an essential condition
for the applicant countries and that the Charter of Fundamental Rights (cid:1) in particular Article 12 thereof (cid:1)
states that ‘Everyone has the right to freedom of peaceful assembly and to freedom of association at all
in particular in political, trade union and civic matters’, will the Commission say whether the
levels,
applicant countries fulfil the above criteria and whether and to what extent
trade union action is
persecuted in those countries? What is the situation in the Member States in the light of the report’s
indication that some of them have a poor record in this respect?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 August 2002)

The Union is made up of states which, as stipulated in Article 6(1) of the Treaty on European Union (TEU),
are founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms,
and the rule of law.

In accordance with Article 6(2) TEU, the Union shall respect fundamental rights as guaranteed by the
European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result
from the constitutional traditions common to the Member States, as general principles of Community law.
These fundamental rights include the right of association. In addition, Article 12 of the EU’s Charter of
Fundamental Rights guarantees the right to freedom of peaceful assembly and freedom of association at all
levels, in particular in political, trade union and civic matters.

As Community law now stands, it is up to national courts to punish violations of fundamental rights, for
example union rights. According to established case law, the Court of Justice is responsible for ensuring
that fundamental rights are observed by the Community’s legislative and executive powers and by the
Member States only where they fall within the scope of Community law.

As part of the enlargement process, regular reports provide updates on the situation in the candidate
countries in terms of compliance with the Copenhagen criteria and, in particular, fundamental rights.