WRITTEN QUESTION P-0341/03 by Mihail Papayannakis (GUE/NGL) to the Commission. Infringement of Directive 89/48/EEC.
Date: 2003-02-05
Institutions: European Parliament, Provisional data
Subjects: Greece, higher education, lawyer, national implementing measure, recognition of diplomas, vocational training

3.7.2003

EN

Official Journal of the European Union

C 155 E/219

(2003/C 155 E/238)

WRITTEN QUESTION P-0321/03

by Philip Bushill-Matthews (PPE-DE) to the Commission

(4 February 2003)

Subject: Open borders

Can the Commission spell out what are the precise responsibilities of Member States with regard to
keeping borders open for the free movement of trade? Can the Commission also spell out what should be
the penalties on Member States for failure to keep borders open, and specifically what measures have been
taken to penalise France for the closures of the port of Calais last year, and what compensation should be
due for those who have suffered as a result?

Answer given by Mr Bolkestein on behalf of the Commission

(25 February 2003)

Article 14(2) of the EC Treaty lays down that the internal market comprises an area without internal
frontiers, within which the free movement of goods is ensured in accordance with the provisions of the
Treaty. This fundamental principle is implemented in particular by Articles 28 and 29 of the EC Treaty,
which lay down that quantitative restrictions on imports and exports and all measures having equivalent
effect shall be prohibited between Member States.

As an indispensable means of achieving the market without internal frontiers, these provisions require the
Member States not only not to act or behave in any way which is liable to constitute an obstacle to trade,
but also, pursuant to Article 10 of the EC Treaty, to take all appropriate and necessary measures to ensure
that this fundamental freedom is upheld on their territories.

It falls to the Court of Justice, in proceedings for failure to fulfil Treaty obligations, and taking account of
its powers of assessment, to establish whether the Member State concerned has taken measures to ensure
the free movement of goods as required by the above-mentioned Articles. On concluding its assessment,
the Court may find against that State because its actions (or its failure to act) are incompatible with
Community law.

The Court has also established the principle that a State in this position is liable for a breach of the EC
Treaty. Accordingly, if found to be in breach of Community law, it should be required to compensate
anyone who has established a sufficiently serious breach of a rule which affords him rights and the
existence of a causal link between the injury suffered and the alleged breach.

As regards the case referred to in the question, the Commission has not received a complaint concerning
the closure of the of the port of Calais, and has no information likely to provide grounds for its initiating
proceedings for a breach of Article 226 of the EC Treaty.

(2003/C 155 E/239)

WRITTEN QUESTION P-0341/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(5 February 2003)

Subject: Infringement of Directive 89/48/EEC

What does the Commission intend to do to persuade Greece to implement Directive 89/48/EEC (1) in view
of the fact that Presidential Decree 52/93, which was adopted in respect of graduates in law and their
access to the profession as lawyers, infringes the Directive and ‘allows’ the Athens Bar Association wittingly
to break the law?

(1) OJ L 19, 24.1.1989, p. 16.

C 155 E/220

Official Journal of the European Union

EN

3.7.2003

Answer given by Mr Bolkestein on behalf of the Commission

(25 February 2003)

Presidential decree 52/93 has implemented in Greek law Directive 89/48/EEC (1) for the profession of
lawyer. The Commission has examined this decree and concluded that it conforms to the provisions of the
Directive. Directive 89/48/EEC only applies to fully qualified professionals. Diplomas as defined in Article 1
(a) of the Directive must be awarded on the completion of full professional education and training. In most
Member States, a lawyer’s training comprises not only a degree, but also an examination and period of in-
house training. In these circumstances, graduates in law cannot be regarded as fully qualified lawyers and
consequently cannot benefit from professional recognition under the Directive.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and training of at least three years duration (cid:1) OJ L 19,
24.1.1989.

(2003/C 155 E/240)

WRITTEN QUESTION P-0379/03

by Pietro-Paolo Mennea (PPE-DE) to the Commission

(7 February 2003)

Subject: Greek sculptures at the British Museum

For many years, 2 500-year-old sculptures from the Parthenon in Athens have been in the care of, and on
display at, the British Museum in London.

Those sculptures form an integral part of the Parthenon, which has been recognised by Unesco as a World
Heritage site.

From 13 to 29 August 2004, Greece and Athens are to organise the 28th Olympic Games, which
constitute a major event for the sporting and non-sporting world.

It is widely thought around the world that the Parthenon sculptures which are currently held by the British
Museum should be returned to their obvious home, i.e. the Acropolis in Athens.

Will the Commission therefore make representations to the UK Government and to the appropriate bodies
in that country in order to encourage the former to return the sculptures to Greece on the occasion of the
Olympic Games, so that they can be restored to their birthplace?

By taking such a course of action the United Kingdom would demonstrate to the world as a whole what
an eminently civilised country it is.

Answer given by Mrs Reding on behalf of the Commission

(24 February 2003)

The Honourable Member is referred to the answers given by the Commission to oral questions H-690/99
from Mr Aparicio Sánchez (1) and H-761/99 from Mr Alyssandrakis (1) during question time at the
December 1999 plenary part-session of Parliament, and to Written Question E-2847/99 from
Mr Manisco (2).

(1) Written answer of 14.12.1999.
(2) OJ C 303 E, 24.10.2000, p. 119.