WRITTEN QUESTION P-3549/02 by Benedetto Della Vedova (NI) to the Commission. Compatibility of Law 69 of 3 February 1963 with the free movement of workers within the European Community guaranteed by the EC Treaty.
Date: 2002-12-04
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, Italy, application of EU law, communications profession, free movement of workers, interpretation of the law, labour law, professional society, right of establishment

C 192 E/122

Official Journal of the European Union

EN

14.8.2003

In its Autumn 2002 economic forecasts, the Commission projected a general government deficit of 2,9 %
of GDP for 2003. The economic forecasts for each Member State are presented with a text
that
summarises both the assumptions made and the results obtained. The paragraph for Portugal referring to
the deficit forecast for 2003 (3) reads as follows: The [general government deficit] forecast for 2003 is
based on the draft budget for that year.

Among the most significant measures included in the budget are:

(i) personal income tax brackets are indexed below inflation;

(ii) half-year minimum payments on account of final corporate taxes are raised substantially;

(iii) the average inflation rate in the EU will be used as the benchmark in all future wage negotiations in

the public sector;

(iv) a vast programme of privatisation is planned to bring in EUR 1 500 million in revenue, of which 40 %

is to be used to repay public debt;

(v) government transfers will continue to grow above nominal GDP, partly due to the decision to

progressively raise the minimum pension towards the minimum wage.

The resulting forecast is a deficit slightly below 3 % of GDP, which however is above the budgetary target
of 2,4 %. The difference mainly reflects: lower growth than assumed in the budget forecast (1 ¼ as against
1 ¾ %); and the carry-over effect from the deficit slippage estimated for 2002.

(1) The budget report can be downloaded in www.dgep.pt.
(2) Table II, p. 39.
(3) Autumn 2002, Economic Forecasts, European Economy No 5/2002.

(2003/C 192 E/120)

WRITTEN QUESTION P-3549/02

by Benedetto Della Vedova (NI) to the Commission

(4 December 2002)

Subject: Compatibility of Law 69 of 3 February 1963 with the free movement of workers within the

European Community guaranteed by the EC Treaty

On 25 July 2002 the Lombardy Association of Journalists wrote to the President of the Milan Court
requesting the annulment of the decision registering Mr Claude Marie Jenacolas, a French citizen, as editor-
in-chief of the Italian magazines ‘Gente Casa’ and ‘Spazio Casa’ published by Hachette-Rusconi.

The Lombardy Association of Journalists claimed that Claude Jenacolas could not carry out the functions
of editor-in-chief because, although he had been a journalist for decades, he was not entered on the
professional register of
journalists: Article 46 of Law 69 of 3 February 1963 (law establishing the
Association of Journalists) provides that the editor and deputy editor of a daily newspaper, periodical or
press agency (…) must be entered on the register of professional
journalists (a judgment by the
Constitutional Court has since ruled that those entered on the register of publicists (cid:1) designed to cover
those who work as journalists on a non-exclusive, but regular and paid basis (cid:1) may also carry out such
functions).

The Lombardy Association of Journalists seems to want to resolve this issue with a solution which is
anything but transparent, proposing that Mr Claude Marie Jenacolas should register with the association of
publicists; however, (cid:1) as pointed out above (cid:1) this register is in fact intended to cover those who work as
journalists on a non-exclusive, but regular and paid basis, and consequently does not cover the case of
Mr Jenacolas who is working exclusively and permanently as a journalist. In this context, it should also be
noted that the decision of the Council of the Lombardy Association of Journalists of 11 November 2002

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Official Journal of the European Union

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entering Mr Jenacolas on the register of publicists appears irregular to say the least, given that Article 35 of
Law 69/9063 requires those entered to have worked as publicists for at least two years, evidenced by a
minimum number of published and paid articles, and certified by a statement by the editor-in-chief of the
Italian publication in which the articles appeared.

Does the Commission not consider that Article 46 of Law 69 of 3 February 1963 is incompatible with
Article 39 of the EC Treaty, which provides for the free movement of workers within the Community?

Supplementary answer
given by Mrs Diamantopoulou on behalf of the Commission

(9 April 2003)

On 16 January 2003, the Commission sent a letter to the Italian authorities asking for clarification of how
the legislation in question works, particularly the requirement that journalists be entered on a professional
register and the conditions of eligibility applying to journalists from the EU in particular.

The Commission has not yet received a reply from the Italian authorities.

The Commission would like to inform the Honourable Member that the case has been registered as a
suspected infringement of Community law.

(2003/C 192 E/121)

WRITTEN QUESTION E-3579/02

by Toine Manders (ELDR) to the Commission

(13 December 2002)

Subject: State aid for professional football clubs

Earlier this year the Commission received a letter from the Netherlands Ministry of the Interior suggesting
that the proposed government support for professional football clubs should not be regarded as state aid.
In its reply, the European Commission made it clear that professional football clubs are regarded as
undertakings subject to the same rules governing state aid as any other business.

Recently it emerged that, following a formal complaint, the European Commission was opening an
investigation into the alleged provision of support by the Netherlands municipality Alkmaar to the local
professional football club, AZ Alkmaar. The European Commission’s reply may also point to the opening
of a broader investigation into state aid arrangements in the Netherlands as a whole. In my view, however,
professional football clubs in other EU Member States also receive state aid.

Does the Commission agree that the provision of state aid to professional football clubs certainly

1.
takes place on a Europe-wide basis?

If the answer is no, can the Commission substantiate its standpoint?

If the answer if yes, what steps does the Commission plan to take to deal with such practices in the future?

2.
In the light of the principle of equality before the law in Europe, is the Commission prepared to
extend the investigation beyond the Netherlands to take in Europe as a whole, with a view to obtaining
comprehensive information which can serve as the basis for properly thought-out policy decisions in this
area?