91998E1094

WRITTEN QUESTION E-1094/98

by Claudio Azzolini (PPE) and Antonio Tajani (PPE) to the Commission

(7 April 1998)

Subject: Infringement of the preamble to, and Article F of, the Treaty on European Union (Preamble to, and Article 6 of, the Treaty of Amsterdam)

Several months ago, RAI S.p.A., which is licensed to provide the Italian public radio and television service, took a disciplinary measure in the form of a "written warning" against Dr Ermanno Corsi, editor-in-chief of the Naples office of RAI and Chairman of the Journalists' Association of Campania. This measure, which was heavy-handed both in form and in substance, was intended to penalize Dr Corsi for his occasional unpaid contributions to the front page of the daily newspaper "Roma" where his "views" were published in a special column devoted to the exchange of ideas and free expression of opinions. RAI has clearly confused the performance of professional duties, for which explicit prior authorization from the company is required, and freedom of opinion, which is expressly and fully protected by Article 21 of the Italian Constitution and, as such, not subject to any censorship, authorization or control. Pointing out that the "views" which always concerned the controversy over Southern Italy, do not constitute the performance of professional duties and producing a statement from the chief editor and publisher of the "Roma" certifying that no remuneration was paid for Dr Corsi's contributions was, however, to no avail.

1. Can the Commission say whether, by restricting freedom of opinion and expression, RAI, the Italian state radio and television service, is in breach of legal and judicial principles which are universally recognized in the European Union and which form the basis of the legal orders of the Member States and of the Treaty on European Union?

2. Can the Commission also say whether it will call on the Italian Government and the Italian parliamentary watchdog committee which oversees RAI to adopt the necessary measures to prevent the infringement of a right recognized by the Italian Constitution itself and of the fundamental rights on which the European Union is based and to revoke the unjustly imposed disciplinary measure?

Answer given by Mr Oreja on behalf of the Commission

(20 July 1998)

Article F.2 of the Treaty on European Union imposes obligations regarding the acts and policies of the European institutions but does not confer any general or specific competence on the Union or the Community in this field (Opinion No 2/94 of the Court of Justice). The Commission therefore takes the view that there is no legal basis on which to satisfy the Honourable Member's requests.