WRITTEN QUESTION E-0497/04 by María Valenciano Martínez-Orozco (PSE) to the Commission. Discrimination against minors with regard to access to sporting federations in Spain.
Date: 2004-02-23
Institutions: European Parliament, Provisional data
Subjects: EU national, Spain, application of EU law, child protection, discrimination on the basis of nationality, free movement of workers, sports body

C 84 E/416

Official Journal of the European Union

EN

3.4.2004

(2004/C 84 E/0485)

WRITTEN QUESTION E-0496/04

by María Sornosa Martínez (PSE)
and María Valenciano Martínez-Orozco (PSE) to the Commission

Subject: Research into Spanish Labour Ministry bursaries

(23 February 2004)

The Commission’s reply to our Question E-2188/03 (1) as to possible discrimination against pregnant
women by the Spanish Labour Ministry when granting working bursaries acknowledge that there was a
possible infringement of Community law on equality of treatment for men and women, and stated that the
Commission would investigate.

What stage has this investigation reached, and if the Spanish authorities have responded, in what terms
have they done so?

(1) OJ C 33 E, 6.2.2004, p. 232.

Answer given by Mr Dimas on behalf of the Commission

(1 April 2004)

In the reply to Written Question number E-2188/03, the Honourable Members asked if the Commission
considered that the regulations governing the award of grants by the Institute for Women complies with
Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers who have recently
given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive
89/391/EEC) (1).

The Commission is following up this issue. It will be in contact with the Honourable Members in relation
to this issue when the matter has been fully investigated.

(1) OJ L 348, 28.11.1992.

(2004/C 84 E/0486)

WRITTEN QUESTION E-0497/04

by María Valenciano Martínez-Orozco (PSE) to the Commission

(23 February 2004)

Subject: Discrimination against minors with regard to access to sporting federations in Spain

In answer to Anna Terrón’s Question E-4005/03 (1), the Commission refers her to a reply given to myself
(P-3911/03) (1), which refers to discrimination against foreign minors, and therefore has nothing to do
with the situation facing Community minors.

Every Member State national enjoys European Union citizenship, and all discrimination on grounds of
nationality is banned by the Treaties and the Draft European Constitution (Articles 4 and 8).

Article 31 of the Convention on the Rights of the Child recognises the right of the child to rest and leisure,
to engage in play and recreational activities appropriate to the age of the child and to participate freely in
culture life and the arts, and states that countries shall encourage the provision of appropriate and equal
opportunities for cultural, artistic, recreational and leisure activity.

Article 24 of the EU Charter of Fundamental Rights lays down the right of minors to protection and to the
care necessary for their wellbeing.

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Official Journal of the European Union

C 84 E/417

In Spain there are serious cases of discrimination against children with regard to their access to sporting
leagues, in terms of administrative red tape or the refusal of the Sports Federations to allow them to join,
although they are Community citizens.

What is the Commission’s view of the refusal of Spanish sporting federations to allow children who are
nationals of EU Member States to join, thus preventing them from practising their chosen sports?

(1) OJ C 78 E, 27.3.2004.

Answer given by Mrs Reding on behalf of the Commission

(22 March 2004)

The concept of citizenship, which is enshrined in Article 17 of the EC Treaty, has helped to extend and
consolidate equal treatment and the principle of non-discrimination on grounds of nationality (1).

As already mentioned in several of its answers (2), the Commission feels that a sporting association
regulation which limits the number of amateur players having the nationality of other Member States who
may be fielded could be contrary to Community law, notably Article 7(2) of Council Regulation (EEC)
No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (3).

The Commission is fully aware of the difficulties mentioned by the Honourable Member and is currently
examining various cases involving European citizens practising amateur sport in Member States other than
their Member State of origin. In order to ensure equal treatment, the regulations of sporting federations in
all Member States are being examined for compatibility with the principle of non-discrimination.

However, the role given to the federations by the public authorities varies greatly from one country to
another, which could make it difficult to attribute the disputed sporting regulations to certain Member
States.

Once it has examined these regulations, the Commission will announce what steps are to be taken if it
finds that discrimination that is incompatible with Community law is taking place.

(1) See CJEC judgment of 20 September 2001, Grzelczyk, C-184/99, ECR, I-6193.
(2) See answer to Written Question E-2621/99 by Mr Sánchez García, OJ C 280 E, 3.10.2000.
(3) OJ L 257, 19.10.1968.

(2004/C 84 E/0487)

WRITTEN QUESTION E-0503/04

by Jorge Hernández Mollar (PPE-DE) to the Commission

Subject: National obstacles to the application of Directive 98/5/EC

(23 February 2004)

The adoption of European Parliament and Council Directive 98/5/EC (1) of 16 February 1998, whose
purpose was to facilitate the permanent exercise of the profession of lawyer in an EU Member State other
than that in which the lawyer had acquired his or her qualifications, aroused great expectations. In many
cases these have been severely disappointed.

Several Member States have put maximum red tape in the way of the effective application of the Directive,
since following transposition into national
law, the lawyers’ colleges of various countries have raised
numerous obstacles to the establishment of lawyers from other Member States, particularly with the excuse
that the lawyer does not know the official language of the host country, something which with regard to
certain countries, such as Luxembourg, really constitutes a barrier which is extremely difficult to overcome.

Does the Commission believe that the fact that someone does not speak a national language such as
Luxembourgish, for example, is a reason for that Member State to refuse to enter a lawyer from another
Member State in the country’s College of Lawyers?

(1) OJ L 77, 14.3.1998, p. 36.