WRITTEN QUESTION E-2734/99 by Carlo Fatuzzo (PPE-DE) to the Commission. Italian law which discriminates against disabled persons over the age of 65.
C 280 E/118 Official Journal of the European Communities EN 3. 10. 2000 (2000/C 280 E/124) WRITTEN QUESTION E-2732/99 by Luisa Morgantini (GUE/NGL) to the Commission (18 January 2000) Subject: Nicaragua: corruption and EU aid Following the arrest of the President of the Nicaraguan Court of Auditors, Mr Agustin Jarquin, who had irregularities committed by the present government, does the EU spoken out against serious financial intend to review its programme of aid to the country without delay, pending Mr Jarquinís release, the reestablishment of proper institutional controls on the activities of the government and a thorough investigation of the above allegations? Answer given by Mr Patten on behalf of the Commission (1 February 2000) The cases of corruption reported by the President of the Nicaraguan Court of Auditors do not specifically relate to funds from the international community. Nevertheless, the Commission shares the Honourable Memberís concern about the events leading to the Nicaraguan Controller-Generalís arrest. The Commission considers that democratic institutions such as the Controller-Generalís Office are the basis for the rule of law and development in each country and should therefore be able to function without political interference. For this reason the Commission fully endorsed the European Union Troikaís request to the Nicaraguan Foreign Affairs Minister on 18 November 1999 to stress the European Unionís concern about the situation. The Commission is delighted that the points raised by the European Union and other members of the international community probably contributed to Mr Jaquinís release on 24 December 1999, thus giving the authority back to such an important institution to control and verify the proper use of Nicaraguan public funds as well as funds from the international community. In order to improve the control and proper utilisation of funds, the Commission applies a system for major projects using European experts in a management unit which supervises the correct and accountable in accordance with the financing agreements. It also uses evaluation and use of Community funding, monitoring missions to ensure the smooth running of projects and the proper use of financial resources, and the Commission Delegation in Managua plays an essential role in monitoring, making it possible to strengthen controls locally. (2000/C 280 E/125) WRITTEN QUESTION E-2734/99 by Carlo Fatuzzo (PPE-DE) to the Commission (18 January 2000) Subject: Italian law which discriminates against disabled persons over the age of 65 Article 13 of the Treaty of Amsterdam states that the Union is to combat all discrimination based on age. Is the Commission aware of the fact that Italian law (Article 19 of Law No 118 of 30 March 1971 and subsequent amendments) provides for the granting of a life-long financial benefit for citizens who are completely disabled and who apply for the benefit before the age of 65 but that the benefit is not payable to those who, despite meeting all the other conditions for eligibility, apply for the benefit after the age of 65? Is it aware of the fact that Italian old people, despite meeting all the disability conditions required by law, are discriminated against on the basis of their age when they apply for the benefit, a fact which has a life-long impact on whether or not they receive the benefit? Does the Commission intend to ask Italy to repeal this law, as a matter of urgency? 3. 10. 2000 EN Official Journal of the European Communities C 280 E/119 Answer given by Mrs Diamantopoulou on behalf of the Commission (1 March 2000) The Commission has no legal basis to request a Member State to repeal such a measure. The organisation of social protection systems within the Member States is a national competence, provided that certain fundamental principles of Community law are respected. Community law does not, however, confer any right to equal treatment between different age groups. On 25 November 1999, the Commission adopted a package of two legislative proposals and a programme to combat discrimination in the Community based on Article 13 (ex Article 6a) of the EC Treaty (1). These proposals must be accepted by the Council before they can take effect. One of these initiatives is a horizontal directive to combat discrimination on grounds of disability or age. However, the scope of the proposal is limited to the field of employment and occupation. Therefore, social protection benefits are not covered by this proposal. (1) COM(99) 564 final. (2000/C 280 E/126) WRITTEN QUESTION E-2736/99 by Carlo Fatuzzo (PPE-DE) to the Commission (18 January 2000) Subject: Retired widow Mrs Maria Luisa Bolzoni ü 16-year wait for pension Is the Commission aware of the fact that in a number of Member States there are very serious delays in the payment of old-age pensions? Does the Commission intend to approach the INPS, which is responsible for paying pensions in Italy, in order to ensure that Mrs Maria Luisa Bolzoni, born on 3 November 1928 in Scandolara Ravara and resident in Bergamo, at 15 via Bonomelli, is at last paid the pension increase requested on 26 November 1994 in accordance with Article 6 of Law No 638/1983 and due to her, under Italian law, from 1 October 1983, not least because she has been waiting patiently for 16 years to be paid the pension increase to which she is entitled as a category SO-96000064 widow? Can the Commission say how many more years this seventy-one year old Italian pensioner will have to wait? Answer given by Mrs Diamantopoulou on behalf of the Commission (7 February 2000) The Commission has no say in the matter raised by the Honourable Member, as it is a purely internal matter which is outside Community jurisdiction. With regard to social welfare, the only binding Community provisions are the Regulations on social security for migrant workers and the Directives on equal treatment for men and women in social security schemes. The organisation and operation of a scheme, eligibility for an old-age or retirement pension and the question of when the various benefits are to be awarded are matters which fall within the exclusive competence of the national authorities, provided that the above Community provisions are observed