91999E0482

WRITTEN QUESTION E-0482/99

by Cristiana Muscardini (NI) to the Commission

(5 March 1999)

Subject: Deportation and residence of migrant workers

In contrast to the generous attitude of the Italian authorities when dealing with immigration, some European countries that pay lip-service to human rights and the right of asylum are in fact toughening up their immigration policies.

One example is Germany, where, according to reports from Italian emigrants' associations, first and foremost the Consul General's office in Stuttgart and the local Tricolour Committee for Italians in the World (CTIM), the national authorities are too frequently resorting to the drastic step of deporting workers from other Member States who have committed minor offences, often inevitably stemming from the failure to bring about the integration which all Member States profess to support.

Given that minor offences of this kind, though reprehensible, cannot be considered to constitute organised crime, pose no material danger to the interests of host States, must be counted among the inescapable evils of poverty, and should not, therefore, lead to outright deportation of the migrant workers involved, could the Commission make representations to the judicial authorities in Baden-Württemberg and Hesse with a view to upholding Community legislation on free movement of workers, respect for human rights, and the mobility and equal treatment of migrant workers already provided for in the Union?

Joint answer

to Written Questions E-0481/99 and E-0482/99 given by Mr Monti on behalf of the Commission

(26 April 1999)

More than 60 petitions to Parliament have drawn the Commission's attention to the deportation measures passed by the authorities of the Land of Baden-Württemberg against Italian nationals on grounds of public policy.

After examining the documents attached to these petitions, the Commission has decided to initiate infringement proceedings against Germany. The proceedings will examine the conformity with Community law (Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health(1)) of both the deportation measures themselves and the German legislation on foreign nationals on which these measures are based.

The Parliament will be informed of the progress of the infringement proceedings in the communications issued by the Commission in connection with the above-mentioned petitions.

(1) OJ L 56, 4.4.1964.