92002E1947

WRITTEN QUESTION E-1947/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(3 July 2002)

Subject: Repression of trade union movements

A recent report by the International Confederation of Free Trade Unions (ICFTU) notes a disturbing increase in the repression of trade union movements worldwide and the growing tendency towards persecution of trade unionists, refusal to recognise trade unions or negotiate with them, dismissals, imprisonment and even the physical elimination of trade unionists. According to the report, trade union rights are being curtailed in a number of applicant countries (Bulgaria, Czech Republic, Latvia, Poland, Romania) as well as in Member States (Spain, the UK, Germany).

Given that the Copenhagen criteria stipulate that respect for fundamental rights is an essential condition for the applicant countries and that the Charter of Fundamental Rights in particular Article 12 thereof states that Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, will the Commission say whether the applicant countries fulfil the above criteria and whether and to what extent trade union action is persecuted in those countries? What is the situation in the Member States in the light of the report's indication that some of them have a poor record in this respect?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(19 August 2002)

The Union is made up of states which, as stipulated in Article 6(1) of the Treaty on European Union (TEU), are founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.

In accordance with Article 6(2) TEU, the Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, as general principles of Community law. These fundamental rights include the right of association. In addition, Article 12 of the EU's Charter of Fundamental Rights guarantees the right to freedom of peaceful assembly and freedom of association at all levels, in particular in political, trade union and civic matters.

As Community law now stands, it is up to national courts to punish violations of fundamental rights, for example union rights. According to established case law, the Court of Justice is responsible for ensuring that fundamental rights are observed by the Community's legislative and executive powers and by the Member States only where they fall within the scope of Community law.

As part of the enlargement process, regular reports provide updates on the situation in the candidate countries in terms of compliance with the Copenhagen criteria and, in particular, fundamental rights.