WRITTEN QUESTION E-2316/02 by Ole Krarup (GUE/NGL) to the Commission. Legal basis of the framework decision on combating racism.
Date: 2002-07-26
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, cooperation in home affairs, criminal law, framework decision, legal basis, racism, xenophobia

10.7.2003

EN

Official Journal of the European Union

C 161 E/21

Answer given by Mr Vitorino on behalf of the Commission

(9 October 2002)

The Commission thanks the Honourable Members for the information and hereby confirms that it has
already taken measures to pass it on to Europol.

Access to the information requested by the Honourable Members, if such information were to exist, would
be restricted to highly specific cases laid down in the Europol Convention. The Commission is not one of
the organisations which has access to personal data in Europol’s possession.

(2003/C 161 E/023)

WRITTEN QUESTION E-2316/02

by Ole Krarup (GUE/NGL) to the Commission

(26 July 2002)

Subject: Legal basis of the framework decision on combating racism

Could the Commission please explain the legal basis of the proposal for a framework decision on
combating racism and xenophobia (1), in particular in the light of Article 31(e), because this provision does
not mention ‘racism and xenophobia’ as a subject for legislation pursuant to that article.

Article 31(e) relates solely to ‘organised crime, terrorism and illicit drug trafficking’. Has the Commission’s
Legal Service given an opinion on this issue? Please attach any such opinions to your answer.

(1) COM(2001) 664, OJ C 75 E, 26.3.2002, p. 269.

Answer given by Mr Vitorino on behalf of the Commission

(9 September 2002)

The Commission’s proposal for a Council Framework Decision on combating racism and xenophobia (1) is
based on Articles 29, 31 and 34(2)(b) of the Treaty on the European Union (TEU).

Article 29 of the TEU, which sets out the development of common action among the Member States in the
fields of police and judicial cooperation in criminal matters, refers in particular to the prevention and fight
against racism and xenophobia as a means of achieving the Union’s objective of providing citizens with a
high level of safety within an area of freedom, security and justice. That objective has to be achieved
through approximation, where necessary, of rules on criminal matters in the Member States in accordance
with the provisions of Article 31(e).

The Commission’s proposal for a Framework Decision also contains provisions aimed at strengthening
cooperation between judicial and other competent authorities as another way of contributing to the
mentioned objective, in accordance with Article 31(a), (b), (c) and (d) of the TEU. In particular, a common
definition of the constituent elements of the offences is a way to overcome the double criminality
requirement in the context of mutual legal assistance and extradition and contributes to improving judicial
cooperation. The obligation to establish jurisdiction in cases where Member States do not extradite their
nationals is a way to ensure compatibility in rules applicable in Member States as required in Article 31(c).
legal
Finally, the provision abolishing political offences as a ground for refusing requests for mutual
assistance or extradition would contribute to the achievement of the objective of facilitating extradition set
up in Article 31(b).

(1) COM(2001) 664 final, OJ C 75 E, 26.3.2002.