WRITTEN QUESTION No. 740/99 by Alessandro DANESIN Electoral participation in Italy
C 341/140 Official Journal of the European Communities EN 29. 11. 1999 As some of these pensioners awaiting the outcome are now dying before the result of their appeals are known, can the Commission put pressure on the European Court of Justice to come to a decision in the very near future? Answer given by Mr Flynn on behalf of the Commission (1 April 1999) The case referred to by the Honourable Member which is pending before the Court of Justice is case C-78/98 (Preston and Others), which reached the Court in March 1998 and was heard on 23 March 1999. The case concerns the application of Article 119 of the EC Treaty as interpreted by the Court of Justice in the Barber judgment of 17 May 1990 (1) and subsequent interpreting judgments, particularly those of 28 Sep- tember 1994 in cases C-57/93 (Vroege) (2) and C-128/93 (Fisscher) (3). The UK court has consulted the Court of Justice in order to establish the actual scope of the two judgments in question, i. e. the right of part-time workers, the majority of whom are women, to join an occupational pension scheme as from 8 April 1976 (date of the Defrenne judgment (4)). The Commission is unable to approach the Court of Justice in the manner requested by the Honourable Member. (1) C-262/98, ECR 1990, I-1889. (2) ECR 1994, I-4541. (3) ECR 1994, I-4583. (4) C-43/75, ECR 1976, 455. (1999/C 341/199) WRITTEN QUESTION E-0740/99 by Alessandro Danesin (PPE) to the Commission (29 March 1999) Subject: Electoral participation in Italy On 25 July 1998, the Italian Parliament rejected a bill which would have given Italian voters living abroad the chance to vote when parliamentary elections are held in Italy. The aim of the bill was to amend part of the Constitution so as to make a ‘postal vote’ possible, as it is for Spanish citizens, for example. The question of Italians voting abroad has been discussed for thirty years but has never been resolved. Recently, the Italian Assembly began to reconsider the bill, which requires dual approval by Parliament. The Regulation is divided into two parts: the first provides for suitable structures under ordinary law that will allow citizens to vote; the second part lays down the detailed rules governing voting. Is the Commission able to take measures which could clear up a situation that goes against the principles 1. of democracy that EU Member States should respect? 2. Does it know which Member States allow their citizens to vote by post? Answer given by Mr Santer on behalf of the Commission (15 April 1999) The Commission has no jurisdiction to deal with the question asked, which is a matter solely for the national authorities concerned