WRITTEN QUESTION No. 1985/97 by Olivier DUPUIS to the Council. Drugs and freedom of expression
17. 3. 98 EN Official Journal of the European Communities C 82/23 In any case, it is not the task of the Commission to ensure that Member States will be able to meet their obligations with respect to pension liabilities. This is within the sole responsibility of each Member State. The economic and monetary union and the introduction of the Euro currency has no bearing whatsoever upon this responsibility, nor does it have any direct impact on the sustainability of a pension scheme. (1) (For further information including quoted results of pension liabilities estimates, see European Commission, 1997 Annual Economic Report, Brussels, 12. 2. 1997; II/671/96-EN). (98/C 82/31) WRITTEN QUESTION E-1985/97 by Olivier Dupuis (ARE) to the Council (10 June 1997) Subject: Drugs and freedom of expression On 3 July 1997 the Paris Court of Appeal upheld the sentence on Ge·rard Jubert, editor of the ELEPHANT ROSEí, to 10 months prison and a fine of FF 300 000 for incitement to consume cannabis and its presentation in a favourable light. The Joint Action of the Council of 17 December 1996 (96/750/JHA) (1) lays down that Member States (shall) undertake, subject to their constitutional principles and the basic concepts of their legal systems, to make it an offence publicly and intentionally to incite or induce others, by any means, to commit offences of illicit use or production of narcotic drugsí. With a view to ensuring that its Joint Action does not prompt all the other Member States to introduce laws and penalties as repressive as those in force in France, can the Council clarify whether: 1. publicly inciting the consumption of legal narcotics, such as alcohol, should be treated as a criminal offence? 2. 3. the thousands of artworks, of every genre and every period, which present legal or illegal drugs in a favourable light, should be banned or censured? the public expression of the hope that all drugs currently banned will be legalized › a hope which is also mine › should be prosecuted in law? (1) OJ L 342, 31. 12. 1996, p. 6. Answer (16 October 1997) The implementation of the Joint Action is a matter for each Member State of the European Union and 1. remains subject to their constitutional principles and the basic concept of their legal system. The present distinction between legal and illegal narcotics within the EU Member States is generally based on commitments of Member States under the relevant Convention of the United Nations. Moreover, the Joint Action does not include alcohol in the concept of narcotics. 2. It is obviously difficult to draw a clear distinction between works of art and other comparable expressions in the form of pictures, sculptures, music, literature and other traditional forms of art. It is anyway up to the criminal laws of each Member State to determine whether the characteristics of incitement or inducement to commit offences are fulfilled. 3. The public expression of the hope that all drugs currently banned be legalised is not covered by the Joint Action. if however this public expression also includes an incitement or inducement to commit offences, the situation may be different