WRITTEN QUESTION P-0770/04 by Seán Ó Neachtain (UEN) to the Commission. EU citizenship.
Date: 2004-03-05
Institutions: European Parliament, Provisional data
Subjects: European citizenship, Ireland, Latvia, Russia, admission of aliens, nationality, stateless person

3.4.2004

EN

Official Journal of the European Union

C 84 E/671

The Honourable Member wonders whether the Commission can guarantee that persons who
2.
committed war crimes in World War II will be surrendered to Denmark from Germany. The Commission
draws the attention of the Honourable Member to the statements made in relation to Article 32 of the
Framework Decision.

Each Member State had the opportunity at the time of adoption by the Council of the Framework Decision
to make a statement indicating that, as executing Member State, it would continue to deal with requests
relating to acts committed before a certain date in accordance with the extradition system applicable
before 1 January 2004.

As Germany did not make such a statement, the Commission sees no obstacle preventing the Danish
authorities from issuing a European Arrest Warrant in relation to German citizens to be arrested in a
Member State that has actually implemented the Framework Decision. As soon as Germany implements it,
the European Arrest Warrant will also be executable in its territory. However, the executing judicial
authority may refuse the execution of the European Arrest Warrant on grounds of refusal in accordance
with the Framework Decision (e.g. statute-barred act).

the case
Regarding the Honourable Member’s last question,
3.
mentioned. The German judicial authorities, can not, however,
issue a European Arrest Warrant until
Germany implements the Framework Decision. The legal basis for arrest and extradition for the German
authorities still results from existing instruments relating to extradition.

the Commission is not aware of

(1) OJ L 190, 18.7.2002.

(2004/C 84 E/0757)

WRITTEN QUESTION P-0770/04

by Seán Ó Neachtain (UEN) to the Commission

(5 March 2004)

Subject: EU citizenship

By 1 May 2004, a number of urgent cases relating to EU citizenship will need to have been clarified. Will
the Commission therefore state what are the EU citizenship rights after 1 May 2004 in the following two
cases: first, a lady who was born in Russia, moved to Latvia and chose to stay there without citizenship
and later married an EU citizen and moved to Ireland where she now has residency rights but requires a
visa to travel outside Ireland and, second, Latvian citizens living in Ireland or in any other EU Member
State, and their EU citizenship status?

Answer given by Mr Vitorino on behalf of the Commission

(24 March 2004)

According to article 17 of the EC Treaty, every person holding the nationality of a Member State shall be a
citizen of the Union. Citizenship of the Union shall complement and not replace national citizenship.

In his first example, the Honourable Member seems to refer to the particular situation of stateless persons
in Latvia. The Commission is fully aware of this situation. A woman born in Russia and residing in Latvia
without citizenship who later marries an EU citizen and moves with him to Ireland, will only benefit from
EU citizenship rights, in her own right, if she acquires EU citizenship herself either by marriage or by any
other means laid down in the Member State’s legislation on acquisition of citizenship. If she remains
stateless or retains a third country nationality, she will still be a beneficiary of Community law on the right
of free movement and residence and is entitled to reside in Ireland by virtue of being the spouse of an EU
citizen.

C 84 E/672

Official Journal of the European Union

EN

3.4.2004

If she wants to travel to another Member State from Ireland she will effectively require a visa, since Ireland
does not apply, by its own choice, the Community legislation on uniform short-stay visas, external border
controls and circulation within an area where internal border controls on persons have been abolished
(‘Schengen acquis’). However, it should be stressed that, due to her status as the spouse of an EU citizen,
she should be granted every facility for obtaining any necessary visas, which shall also be issued free of
charge.

In the second example, the Latvian citizen living in Ireland or in any other Member State shall become an
EU citizen as from accession of Latvia to the European Union on 1 May 2004 and shall benefit directly
from the rights attached to EU citizenship as laid down in Part Two of the EC Treaty and, in particular,
from the right to free movement and residence within the territory of the Member States (subject, where
relevant, to applicable transitional measures for workers) and the right to vote and to stand as a candidate
at municipal and European Parliament elections in the Member State where he resides.

(2004/C 84 E/0758)

WRITTEN QUESTION E-0792/04

by Jonas Sjöstedt (GUE/NGL) to the Commission

(11 March 2004)

Subject: Return of property by Turkey

Many of the Assyrian-Chaldean-Syriac and Armenian people who were deported in the Ottoman Empire in
1915 were liquidated. The Turkish State later seized their property on the grounds that those who had
been liquidated had disappeared and were no longer looking after their property. These seizures took
place, ‘inter alia’, between 1951 and 1960. In official documents and decisions, the Turkish State calls this
property ‘surrendered Armenian assets’.

Will the Commission consider taking measures to induce Turkey to return this property to the Assyrian-
Chaldean-Syriac and Armenian owners?

Answer given by Mr Verheugen on behalf of the Commission

(19 April 2004)

The question of the confiscated and seized properties of non Moslem communities in Turkey has been
repeatedly mentioned in the Commission’s Regular Report in past years.

In particular, in its Regular Report of October 2002, the Commission mentioned ‘in the case of non-
Moslem religious communities, only properties declared under Law No 2762 of 1936 are legally
recognised, and all properties not listed in 1936 have been taken over by the Turkish State or may be
confiscated. Armenian, Greek and Catholic properties have been confiscated, or are at risk’. In its Report of
November 2003, the Commission mentioned that ‘the question of confiscated properties, which is a major
concern of non-Moslem religious communities, has still not been addressed. Given these communities’ lack
of legal status, their properties are permanently at risk of being confiscated and attempts to recover
property by judicial means encounter numerous obstacles.’

The Commission has recently been informed that as part of their efforts to address the problems of the
non-Moslem communities, the Turkish authorities have recently decided to compile an inventory of the
properties confiscated and seized since 1936.

The Commission will continue to follow this matter closely.