WRITTEN QUESTION E-3336/03 by Roberta Angelilli (UEN) to the Commission. Suspected violation of the rights of the employees of Alcatel Italia S.p.A..
Date: 2003-11-12
Institutions: European Parliament, Provisional data
Subjects: Italy, anti-discriminatory measure, employment policy, equal treatment, industrial restructuring, job cuts, labour law, telecommunications

27.3.2004

EN

Official Journal of the European Union

C 78 E/265

The editor Maurizio Belpietro and the correspondent Gianmarco Chiocci were notified of charges of
defamation and violation of confidentiality by the Public Prosecutor, and Chiocci’s computer was sealed.

The episode is particularly unpleasant because it constitutes a serious violation of press freedom and
freedom of information, as well as the professional freedom of those subjected to the search. These
principles are recognised as fundamental by the national constitutions of all democratic countries, as well
as by the Council of Europe which,
in Recommendation R(200)7 of 8 March 2000, stressed that the
interception of communications, surveillance and judicial search and seizure are unacceptable if their
purpose is to circumvent the right of journalists to information. Article 11 of the European Charter of
Fundamental Rights considers this right to be inalienable and the European Court of Human Rights has on
several occasions expressed views on the subject. Recently (judgment of 15 July 2003 in Case No 33400/
96, Ernst v. Belgium) it established,
in a similar case, that the investigators’ aim of identifying those
responsible for leaks of information from legal departments did not justify searching the workplace of
journalists in order to discover their sources of information.

In the light of all these considerations can the Commission say:

1. whether it considers that the episode mentioned constitutes a serious violation of the principles and

provisions mentioned;

2. how the European Union might act to sanction such restrictions on freedom of the press;

3. whether it intends to make a statement on the issue?

Answer given by Mr Vitorino on behalf of the Commission

(16 December 2003)

The Commission would refer the Honourable Member to its answer to written P-3201/03 by Mr Tajani (1)

(1) See page 240.

(2004/C 78 E/0265)

WRITTEN QUESTION E-3336/03

by Roberta Angelilli (UEN) to the Commission

(12 November 2003)

Subject: Suspected violation of the rights of the employees of Alcatel Italia S.p.A.

With reference to the answer of 23 October 2003 given by the Commissioner Mrs Diamantopoulou to
question P-2897/03 (1), it should be noted that the restructuring plan would lead to the fragmentation of a
well-established industrial centre with ultra-modern structures and equipment and highly specialised
workers. Furthermore,
the
workforce are women and young people.

there would be serious social repercussions, since a large percentage of

Finally, it appears that Alcatel has obtained substantial funding from the Region of Lazio and the Italian
government in the past.

In view of all this, can the Commission say:

1. whether it does not consider that the plan is contrary to the procedures laid down in Directive 2001/

23/EC (2) and Directive 2000/78/EC (3);

2. what steps should be taken to safeguard the jobs of women and young people?

(1) OJ C 65 E, 13.3.2004.
(2) OJ L 82, 22.3.2001, p. 16.
(3) OJ L 303, 2.12.2000, p. 16.

C 78 E/266

Official Journal of the European Union

EN

27.3.2004

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 December 2003)

Council Directive 2000/78/EC of 27 November 2000 establishes a general framework for equal treatment
in employment and occupation. It prohibits discrimination in employment on the grounds of religion or
belief, age, disability or sexual orientation. The Member States must implement it in their national law by
2 December 2003 at the latest. Member States may request an additional period of up to three years to
implement the provisions of the Directive on age and disability discrimination. Differences of treatment on
grounds of age may be justifiable if they are objectively and reasonably justified by a legitimate aim, such
as employment or labour market policy (article 6). Directive 2000/78/EC does not set out special
procedures concerning corporate restructuring.

The facts mentioned by the Honourable Member do not appear to come under the scope of Directive
2001/23/EC (1). Thus, Article 1 of this Directive states that it applies to any transfer of an undertaking,
business or part of an undertaking or business to another employer as a result of a legal transfer or
merger. Under the terms of the Directive, a transfer means a transfer of an economic entity which retains
its identity, meaning an organised grouping of resources which has the objective of pursuing an economic
activity, whether or not that activity is central or ancillary.

This particular case seems to concern restructuring leading to job losses but not involving the transfer of
an undertaking, business or part of an undertaking or business to another employer.

(1) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating
transfers of undertakings, businesses or parts of

to the safeguarding of employees’ rights in the event of
undertakings or businesses, OJ L 82, 22.3.2001.

(2004/C 78 E/0266)

WRITTEN QUESTION E-3339/03

by Roberta Angelilli (UEN) to the Commission

(12 November 2003)

Subject: Possibility of funding for the health authority of Fiumicino (cid:1) Rome XIII

The area including the municipality of Fiumicino and Rome’s municipal district XIII is an area at risk for
two different kinds of reasons, firstly because of its environmental characteristics, and secondly because it
is the location of places which could easily become terrorist targets.

It includes an area below sea level at risk of flooding, the largest pine forest in Europe, which was already
severely damaged by a devastating fire in the summer of 2001, a coastline visited by almost one million
tourists in summer; Leonardo da Vinci international airport; the military air base of Pratica di Mare; the
summer residence of the President of the Republic and the Finance Police training college.

For all these reasons ASL RM D, the health authority responsible for the area, may devise measures to
protect the population against natural hazards and possible terrorist acts, in order to prevent or effectively
tackle potentially dangerous situations.

In view of this, can the Commission say:

1. whether there is any funding, under either the Structural Funds or other Community programmes,

that the European Union might provide for these kinds of projects;

2. whether the health authority, as an entity in which the Lazio Region has a majority holding, is eligible

for such forms of funding or at least some of them?