WRITTEN QUESTION No. 3570/97 by Cristiana MUSCARDINI to the Commission. Serious case of racial discrimination against two Italian citizens by Belgian sports authorities
25. 5. 98 EN Official Journal of the European Communities C 158/151 (98/C 158/201) WRITTEN QUESTION E-3570/97 by Cristiana Muscardini (NI) to the Commission (13 November 1997) Subject: Serious case of racial discrimination against two Italian citizens by Belgian sports authorities. The Belgian francophone judo league has decided to exclude Community citizens from competitions. The decision is all the more disconcerting because it excludes foreigners from even practising judo as they normally do in clubs by prohibiting them from enrolling. Two young Italian brothers, Ermanno and Emanuele Agostini, who were Belgian national champions between 1984 and 1994, have first-hand experience of the Belgian judo leagueís exclusion of foreigners. Will the Commission intervene vis-a‘-vis the Belgian authorities to safeguard the acquired rights of EU citizens and uphold the democratic principles of equality? Will the Commission propose a directive condemning the racism perpetrated by the Belgian sports authorities in deciding to exclude foreigners not only from competitions but also from practising judo? Will the Commission propose a directive which will protect the careers of the Agostini brothers, who were Belgian national champions on several occasions, and allow them to re-enter sporting circles in their host country? Answer given by Mr Flynn on behalf of the Commission (15 December 1997) The exclusion of Community citizens from the Belgian francophone judo league may contravene Community law on several counts. With regard to Community workers exercising an activity as an employed person on Belgian territory, access to judo clubs and to the judo league constitutes a social advantage under the terms of Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1). This advantage must apply not only to workers but also to members of their families. Additionally, if participation in the francophone judo league constitutes an economic activity, the exclusion of Community citizens from judo clubs, and hence from the judo league, constitutes an obstacle to freedom of establishment. Given that the instances of discrimination denounced by the Honourable Member have their origin in a decision of the francophone league, which is a private body, the Commission has no power to intervene. However, the Commission would point out that Articles 48 and 52 of the EC Treaty, as well as Regulation (EEC) No 1612/68, are directly applicable in the national courts and may be invoked to uphold the rights bestowed by the Treaty on private individuals. (1) OJ L 257, 19. 10. 1968. (98/C 158/202) WRITTEN QUESTION E-3572/97 by Leonie van Bladel (UPE) to the Council (17 November 1997) Subject: Action to track down and confiscate stolen motor vehicles from the EU in countries of former Yugoslavia 1. Is the Council aware that motor vehicles belonging to car-hire companies and private individuals are being stolen on a large scale in European Union countries to be exported to countries of former Yugoslavia, where they are traded locally?