WRITTEN QUESTION E-0775/04 by Maurizio Turco (NI) to the Commission. Violation of religious freedom in Germany.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: Germany, admission of aliens, application of EU law, church-State relations, freedom of religious beliefs, religious discrimination, religious sect

8.4.2004

EN

Official Journal of the European Union

C 88 E/531

In addition, the Commission has no remit to intervene in the event of violations of fundamental rights,
including religious freedom, unless such violations take place within the framework of Community law
and its implementation.

Lastly, if an individual believes that his fundamental rights have been violated, he can take proceedings in
the European Court of Human Rights after exhausting all domestic legal remedies.

(2004/C 88 E/0544)

WRITTEN QUESTION E-0775/04

by Maurizio Turco (NI) to the Commission

(11 March 2004)

Subject: Violation of religious freedom in Germany

In view of the following:

(cid:1) Article 6 of the EU Treaty

(cid:1) Articles 10, 22 and 52 of the Charter of Fundamental Rights of the EU;

(cid:1) the European Convention on Human Rights and Fundamental Freedoms of 1950 (in particular

Articles 9 and 14);

(cid:1) the International Religious Freedom Report for 2003 issued by the US Department of State;

and the fact that:

(cid:1) the German government does not recognise the Church of Scientology as a religion and its
considering the church as a potential threat to democratic order has led to job and commercial
discrimination against its members in both the public and private sectors;

(cid:1) the government has refused to grant visitors’ visas to the leaders of the Unification Church, the

Reverend Sun Myung Moon and his wife Hak Ja Har Moon;

(cid:1) the governments of Bavaria and Hamburg have proposed new measures to restrict the activities of the
Church of Scientology and the Lutheran Church has continued its information campaign against it and
other alleged ‘cults’;

(cid:1) several states have published pamphlets detailing the ideology and practices of minority religions and
some of the latter fear that inclusion in a report on dangerous movements or cults might damage their
reputation; these actions have helped to perpetuate negative public attitudes towards members of
minority religions;

(cid:1) the International Religious Freedom Report

for 2003 expresses concern at the infringement of
individual rights on grounds of religious affiliation and at potential discrimination on the international
employment market as a result of foreign firms being selected on the basis of possible affiliation with
Scientology.

Can the Commission say whether it is aware of these facts?

Can the Commission also say whether it considers the actions described as an infringement of the
fundamental rights guaranteed in Articles 10 and 22 of the Charter of Fundamental Rights of the EU and
that they therefore affect the essence of the rights, which are explicitly protected by Article 52 of the
Charter?

Whether it also considers that these actions are contrary to Article 6 of the EU Treaty and therefore the
principles common to all the Member States regarding respect for human and fundamental rights?

C 88 E/532

Official Journal of the European Union

EN

8.4.2004

How it intends to dissuade Germany from carrying out such actions against religious freedom?

If it does not explicitly condemn these actions, on what legal principles it bases its attitude?

Answer given by Mr Vitorino on behalf of the Commission

(29 April 2004)

The circumstances referred to by the Honourable Member have not previously been brought to the
Commission’s attention.

As regards the German Government’s refusal to grant entry visas to the leader of the Unification Church,
Mr Moon, and his wife, the Commission would point out that, under the provisions governing the issue of
uniform visas valid for all the Member States which have acceded to the Schengen Convention, each
Member State examines visa applications on the basis of a number of criteria set out in the Common
Consular Instructions. However, the decision to grant or refuse to grant a visa is left to the discretion of
each Member State. The Common Consular Instructions do not require the Member States to provide the
reasons for such refusals.

It is the Commission’s view that matters relating to the status of the Church of Scientology and other
religious communities in Germany are caught by the Declaration on the status of churches and non-
confessional organisations attached to the Amsterdam Treaty, according to which ‘the Union respects and
does not prejudice the status under national law of churches and religious associations or communities in
the Member States. The Union equally respects the status of philosophical and non-confessional
organisations.’

In addition, the Commission is empowered to intervene in respect of violations of fundamental rights,
including religious freedom, only where such violations take place within the framework of Community
law and its implementation.

In that connection, like all the Member States, since 2 December 2003 Germany has been obliged to apply
Council Directive 2000/78/EC of 27 November 2000, which prohibits discrimination based on religion or
belief, disability, age or sexual orientation in the field of employment and occupation (1).

Within the framework of its examination of the application by the Member States of the aforementioned
Directive, the Commission has sent Germany a letter of formal notice concerning its failure to provide
notification of measures transposing this legislation into national law.

Lastly, if an individual believes that his fundamental rights have been violated, he can bring proceedings in
the European Court of Human Rights after exhausting all domestic legal remedies.

(1) OJ L 303, 2.12.2000.

(2004/C 88 E/0545)

WRITTEN QUESTION E-0776/04

by Maurizio Turco (NI) to the Commission

(11 March 2004)

Subject: Violation of religious freedom in Greece

In view of the following:

(cid:1) Article 6 of the EU Treaty

(cid:1) Articles 10, 22 and 52 of the Charter of Fundamental Rights of the EU;