WRITTEN QUESTION E-0516/02

by Joke Swiebel (PSE) to the Commission

(28 February 2002)

Subject: Rights of officials at EU institutions irrespective of sexual orientation

It is a welcome development that, as part of the reform, the Commission has made proposals for giving officials at EU institutions equal rights irrespective of their sexual orientation or the nature of their partnership. On 13 December 2001, Commissioner Kinnock spoke about these proposals at the EP in response to an oral question (B5-0533/2001 0-0086/01).

The Commission considers that family allowances and social benefits should be made available to EU officials who are currently not entitled to them because they are either unable or do not wish to marry in the conventional manner under national law, although they do have a permanent partner. Accordingly, the Commission wishes to accord full legal recognition to long-term relationships provided that four conditions are met, one being possession of a legally valid EU document acknowledging the status of the relationship and another being that it is not possible for the partners to marry legally in a Member State.

Is the Commission aware that in some Member States no legally valid document can be obtained to certify the status of unmarried partners (a long-term relationship between people of the same sex or different sexes)?

Is the Commission aware that these conditions for recognition of long-term relationships will lead to discrimination on grounds of nationality? A few examples may clarify this: a Dutch EU official with a registered partner of the same sex will not enjoy the same rights, as they could get married; a Swedish or Danish EU official with a registered partner of the same sex, on the other hand, will enjoy the same rights, as they could not get married; a Greek or Italian EU official in a long-term relationship (irrespective of the partner's sex) will not enjoy the same rights, as they cannot register. What will the Commission do to combat this discrimination and maintain the freedom not to get married but to live in a different type of partnership without forfeiting rights in the process?

Does the Commission intend to submit a proposal in the near future for recognition of non-marital relationships within the EU which will apply to all citizens within the EU and not just to EU officials?

Answer given by Mr Kinnock on behalf of the Commission

(6 May 2002)

The Commission refers the Honourable Member to the answer given to Written Question E-3211/01 by Mrs Buitenweg(1) and to the reply given to oral question O-86/01 by Mr Blak and others during question time at the December 2001 part-session of Parliament(2).

In addition, to assist the Honourable Member, the Commission offers the following information:

- As the Honourable Member will know, homosexual couples in the European Union do not have access to legal marriage except in one Member State. Homosexual officials are otherwise consequently excluded from all Statutory benefits which are granted only to officials who are in legally recognised marriage. This applies even if homosexual officials live within a partnership which is comparable to marriage. The reform package proposes that, subject to certain conditions, the full range of statutory benefits would be extended to couples who are living in a stable partnership but do not have access to legal marriage.

- One of the conditions to be fulfilled by an official seeking such benefits is that the partnership is formally recognised by a Member State's national authority. This condition is necessary because the Commission has no competence in the attribution of a civil status to an official, and is not able or willing to accord to itself a status that would be analogous to that of an officier de l'état civil. As in the case of a conventional marriage between persons of different gender,

national law will continue to be the authority which determines the legal beginning of such a partnership and, potentially (for administrative reasons this is particularly important) the legal end of such a partnership, as well as the detailed conditions of the termination.

- It will be clear from the above that the requirements for recognition of a partnership under national law can lead to a situation where access to family benefits is not identical for officials of different nationalities who are living in a stable partnership. For the reasons of competence and legal authority set out above, however, such situations appear to be unavoidable. It should be noted, of course, that such reference to national legislation is normal in relevant parts of the Staff Regulations. The divergence of status and treatment which the Honourable Member uses in his question as illustrations are a product of the diversity of legal provisions in Member States and not of discriminatory provision or intention by the Commission.

- No proposal is at present envisaged on the issue of recognition of non-marital partnerships by one Member State where such recognition is established under the national law in another Member State.

(1) OJ C 160 E, 4.7.2002, p. 73.

(2) Oral reply, 13.12.2001.