WRITTEN QUESTION E-0491/04 by Jules Maaten (ELDR) to the Commission. Land Use Plans Implementation Law in Valencia — LRAU.
Date: 2004-02-23
Institutions: European Parliament, Provisional data
Subjects: EU Charter of Fundamental Rights, Spain, competence of the Member States, expropriation, indemnification, land and buildings, town-planning regulations

C 84 E/606

Official Journal of the European Union

EN

3.4.2004

Various measures have been taken by the Member States in the last years, partly an impact also of the
1999/2000 European campaign: most of the countries have created 24 hour ‘helplines’ and emergency
centres, in addition to existing services like women’s shelters. Others have organised national awareness
campaigns as well as training measures for professionals dealing with incidents of domestic violence. There
were also a number of improvements in law or law enforcement in the Member States, in particular
including restraining orders, but also concerning criminal
regarding cautionary and police measures,
proceedings.

As for the Commission, it does not intend to draw up proposals for legislation aimed at combating and
drastically reducing gender violence at European level given the absence of an appropriate legal basis in the
Treaty. It should be noted, however, that on the basis of Article 152 of the Treaty relating to public health,
a number of actions have been undertaken,
in particular the Daphne Programme, which is the most
important preventive action programme to fight violence against children, young people and women in
the Community.

Daphne is based on the recognition of violence as a crime. It tackles this phenomenon by funding actions
for the prevention and the protection of victims. Violence is understood in the widest possible sense, from
sexual abuse to domestic violence, from commercial exploitation to bullying in schools, from trafficking to
discrimination-based violence against handicapped, minority, migrant or other vulnerable people.

Since 1997, 303 projects have been funded, of which 61 % are dealing with violence against women.
Details of all those projects can be found in the database posted on-line on the Daphne website: (http://
europa.eu.int/comm/justice_home/funding/daphne/funding_daphne_en.htm).

Also, on this website, more information such as statistics and analysis of the achieved results and their
impacts is available.

More recently, in the context of the implementation of the Beijing Platform for Action, seven indicators on
domestic violence were adopted by the Council in December 2002, which can be used as an on-going
basis to regularly review the progress achieved in the Member States in combating domestic violence.

(2004/C 84 E/0681)

WRITTEN QUESTION E-0491/04

by Jules Maaten (ELDR) to the Commission

(23 February 2004)

Subject: Land Use Plans Implementation Law in Valencia (cid:1) LRAU

Is the Commission aware that

1.
the Valencia regional authorities apply the Land Use Plans
Implementation Law (Ley reguladora de la actividad urbanística (cid:1) LRAU), under which it is possible to
expropriate property owners in the public interest?

Is the Commission aware that owners of houses receive disproportionately small amounts of

2.
compensation for their property?

3.
Is the Commission aware that there is no provision for interested parties to express their views and
that the occupiers (cid:1) mostly retired foreigners from all over the European Union (cid:1) receive little or no
information about the authorities’ plans?

4.

Does this law violate the Charter of Fundamental Rights of the European Union?

5.

If so, will the Commission take action to change this situation?

3.4.2004

EN

Official Journal of the European Union

C 84 E/607

Answer given by Mr Vitorino on behalf of the Commission

(25 March 2004)

1.
The Commission is aware that the exercise of property rights in Spain is subject to certain limits and
conditions and that the Spanish constitution effectively provides in Article 33 that no person may be
deprived of his/her property and rights except by reason of public utility or social interest, on the basis of
a compensation and in accordance with the legislation in force.

However, as the Commission has stated repeatedly, Member States’ land tenure legislation does not
2.
fall within the scope of the EC Treaty, which expressly provides in article 295 that it shall in no way
prejudice the rules in Member States governing the system of property ownership. The conditions
governing such matters as the expropriation of land are, therefore, determined by the Member States and
the Commission is not in a position to comment on them.

3.
Under the terms of the EC Treaty and the Treaty on the European Union, the Community does not
have general competence as regards fundamental rights. The Commission could intervene only in the event
of violation of fundamental rights in the field of application of Community legislation, which is not the
case in the situation described in the written question.

However, if a person considers that his or her fundamental rights have been violated, he/she may apply to
the European Court of Human Rights for redress, once all domestic remedies have been exhausted.

(2004/C 84 E/0682)

WRITTEN QUESTION E-0499/04

by Salvador Garriga Polledo (PPE-DE) to the Commission

(23 February 2004)

Subject: Reclaiming subsidies granted for setting up industrial activity

Amongst all the many consequences which have arisen and will continue to do so from the eastwards
enlargement of the EU, the eastwards relocation of many industries from the oldest Member States is
outstanding.

On occasion, the businesses now relocating had in the past received subsidies from the national or regional
authorities concerned to set up business on their territory.

Does the Commission believe that it is legal and legitimate that companies which are abandoning regions
from which they have received subsidy, in order to relocate in eastern Europe, should return the national
or regional subsidy money when they abandon their subsidised premises?

Answer given by Mr Monti on behalf of the Commission

(22 March 2004)

The matter raised by the Honourable Member is not exclusively linked to the enlargement of the EU.
Already in 1997, when it adopted the guidelines on national regional aid (1), the Commission took into
consideration the necessity of striking a balance between the freedom of enterprises to decide where and
when to invest in a rapidly changing environment and the stimulation of such mobile investment in
assisted areas. Therefore, under point 4.10 and 4.14 of the guidelines on national regional aid, aid for
initial investment and aid for job creation is conditional, through its method of payment or through the
conditions associated with its acquisition, on the maintenance of the investment in question and of the
employment created for a minimum period of five years. This condition is included in all regional aid
schemes approved by the Commission and must be respected.

(1) OJ C 74, 10.3.1998.