WRITTEN QUESTION P-2117/02 by Gary Titley (PSE) to the Commission. Human rights in Hungary.
Date: 2002-07-10
Institutions: European Parliament, Provisional data
Subjects: European Convention on Human Rights, Hungary, accession to the European Union, guardianship, patient's rights, psychiatric institution

9.10.2003

EN

Official Journal of the European Union

C 242 E/5

On the general issues raised by the Honourable Member:

It should be recalled that the Commission has given an exhaustive overview of its position and activities
concerning carriers’ liability in its written answer of 4 April 2002 to six written questions (E-488/02 to
E-493/02 (1) submitted by the Honourable Member. Reference is made to the content of this answer.

On the additional detailed points raised by the Honourable Member:

(cid:1) Question E-1587/02: in the currently ongoing trilateral experts’ meetings, which are being organised
by the Commission as a direct follow-up to the Round Table on Carriers’ Liability of 30 November
2001, the Commission aims to facilitate an open and constructive dialogue of all interested parties on
specific issues related to carriers’
liability. The question raised by the Honourable Member will
undoubtedly be subject to discussion in these experts’ meetings. The Commission notes that there are
diverging interpretations and opinions on the relationship between the 1951 Geneva Convention
provisions and the issue of means of access to other states’ territories by persons who seek to leave
their own country for asylum related reasons. This divergence has not yet been solved at international
level.

(cid:1) Question E-1588/02: as already stressed in its above-mentioned answer, the Commission feels it is
necessary to find a balance between the legitimate aim of preventing and fighting illegal immigration
and the need to avoid excessive burdens on industry. The very specific issue raised by the Honourable
Member will undoubtedly be subject to discussion in the experts’ meetings mentioned above.

(cid:1) Question E-1589/02: the Commission has taken note of the judgement delivered by the British High
Court on 5 December 2001 in the case Roth International GmbH et al. v Home Office. The
Commission notes that this judgement is still under appeal.

(cid:1) Question E-1590/02: contrary to what

the Honourable Member suggests in his question,

the
Commission has never called for ‘fully harmonised carriers’ liability legislation applied to all means of
transport’. In the above-mentioned answer of 4 April 2002, the Commission stated that, for the
moment, the issue of carriers’ liability is not yet fully harmonised at European level and concluded that
it is necessary to reflect on possible ways forward at European level. The ground for this reflection
process is currently being laid within the above-mentioned round table process on carriers’ liability
and the Commission does not consider it appropriate to express concrete and detailed views at the
present time on how possible future European legislation might look.

(cid:1) Question E-1591/02: the Commission takes note of the clarification provided by the Honourable

Member.

(cid:1) Question E-1592/02: the issue raised by the Honourable Member will undoubtedly be subject to

discussion in the experts’ meetings mentioned above.

(cid:1) Question E-1593/02: the Commission is aware of the fact raised by the Honourable Member.

(cid:1) Question E-1594/02: the Commission does not consider it appropriate to express at the present time

concrete and detailed views on how possible future European legislation might look.

(1) OJ C 301 E, 5.12.2002, p. 45.

(2003/C 242 E/010)

WRITTEN QUESTION P-2117/02

by Gary Titley (PSE) to the Commission

(10 July 2002)

Subject: Human rights in Hungary

Hungary is a front runner in accession negotiations to join the EU in 2004. However, it has only partially
complied with the Copenhagen criteria laid down in 1993, which call on potential Member States of the
EU to have a fully functioning market economy and to respect democracy and human rights.

C 242 E/6

Official Journal of the European Union

EN

9.10.2003

I understand that mental health patients in Hungary are subject to some appalling conditions, such as
confinement to what are known as ‘cage beds’. In addition, the use of ‘guardians’, whereby a person is
arbitrarily appointed trustee of another person, is questionable on human rights grounds. Indeed, such
guardians wield a significant and disproportionate amount of power in that they are able to commit their
trustees to a mental institution.

Whether Hungary currently breaches the ECHR is a moot point, and this is a separate issue from its
eligibility to accede to the EU. However, the EU is based on the principle of respect for human rights and
such controversial practices should not go unchecked since they could undermine the principles upon
which the EU is founded.

Is the Commission aware of these practices, and what does it intend to do to resolve this situation?

Answer given by Mr Verheugen on behalf of the Commission

(2 August 2002)

The political criteria for accession, as laid down by the Copenhagen European Council in June 1993 and
which have to be met by the candidate countries, are monitored by the Commission through its Regular
Reports on candidate countries’ progress towards accession. Assessment of respect for the political criteria,
of which respect for human rights forms part, is carried out by the Commission on the basis of the
broadest possible array of sources. This includes, besides information provided by each candidate country
concerned, also contributions by, and exchanges with, relevant international organisations, such as the
Council of Europe and the relevant United Nations (UN) bodies, and with non-governmental organisations.

Until now, neither the report of the Ombudsman for civil and political rights nor the UN Human Rights
Committee (UNHCHR) have made explicit reference to the treatment of patients in psychiatric hospitals.
However, the UN Committee for the Prevention of Torture (CPT) had raised in its 1999 report concerns
about the situation in psychiatric hospitals in Hungary. Since then, the Hungarian Government has
undertaken a number of measures (conduct of a nation-wide survey, publication of a circular prohibiting
the use of caged beds in psychiatric hospitals) including the consolidation of the legal framework to
remedy the situation. The provisions of the Health Care Act relating to psychiatric patients have since
2001 prohibited any torturous, cruel,
inhumane, degrading or punitive measures. There is also the
possibility for legal remedies and regular reviews by outside professional experts.

The Commission is following developments in this area in the context of its preparations for the upcoming
2002 Regular Report.

(2003/C 242 E/011)

WRITTEN QUESTION E-2121/02

by Marjo Matikainen-Kallström (PPE-DE)
and Gordon Adam (PSE) to the Commission

(17 July 2002)

Subject: Kozloduj nuclear power plant

We refer to the view of the European Parliament as expressed in a motion for a resolution on the
accession process, adopted in June 2002, concerning the open-minded approach that should be adopted in
reaching agreement on the future of the two nuclear units 3 and 4 at Kozloduj in Bulgaria.

Given the substantial upgrading which has been done to the plants and which, according to the IAEA,
address all the original safety concerns, and given the existence of an independent and professionally
staffed nuclear regulator in Bulgaria, could the Commission explain the technical basis for demanding
closure of these plants as a condition for Bulgarian accession to the EU?

If any uncertainty remains concerning this issue, would not the Commission consider it appropriate to ask
WENRA to revisit the plants and offer a further independent opinion?