91998E2077

WRITTEN QUESTION E-2077/98

by Roberta Angelilli (NI) to the Commission

(7 July 1998)

Subject: Right of association for soldiers

In the light of Parliament's resolution and the report by the Legal Affairs Committee (Doc. 1-1387/83) on the right of association for soldiers and Parliament's annual report on the right of association for soldiers (paragraphs 50-51) and on respect for human rights in the European Community, tabled on 21 March 1997 and accompanied by the resolution adopted on 18 March 1997, in which it again called for trade-union rights and freedom of expression to be granted to the armed forces.

Will the Commission say whether:

1. soldiers have been granted the right to found professional associations in all the Member States?

2. Italy supported the above-mentioned positions adopted by the EU?

3. there are certain conditions which must be fulfilled by professional soldiers' associations in order to be authorized by the Member States and if so what those conditions are?

4. it will state its general position on the matter?

Answer given by Mr Flynn on behalf of the Commission

(30 September 1998)

The right of association is outside the scope of the Treaty (Article 137 of the future Treaty). Consequently, the issue of the right of association of the members of the armed forces falls exclusively within the competence of the Member States.

Unfortunately the information requested on the precise legal situation in Member States is not readily available. However, it is generally the case that the right of association of soldiers is subject to restrictions due to their specific functions.