Download SP_PETI_summaries - European Parliament

EUROPEAN PARLIAMENT
2009 - 2014
Committee on Petitions
SUMMARIES, INFORMATION
AND RECOMMENDATIONS
Petitions 1551 to 1575/2009
Admissibility and action
The Chair's recommendations on admissibility and action will be deemed adopted unless any
comments are received by 11 February 2010.
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Petition 1551/2009 by V.U. (German?), on EU visa policy
The petitioner objects to the fact that, while the European Union has abolished visa
requirements in respect of Serbia, Montenegro and Macedonia, it has not done the same for
Bosnia-Herzegovina and Kosovo. He indicates that the EU has made visa exemption subject
to specific conditions such as sound border controls, biometric travel documents and
measures to combat institutional corruption and argues that Serbia-Montenegro and
Macedonia are failing to meet these requirements. He takes the view that, if visa exemption
applies to these countries, it should also apply to other Balkan countries such as Albania,
Bosnia and Kosovo, which are able to meet certain conditions. He wishes to know whether
religion or anti-Muslim discrimination is a factor in this case.
Information
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Petition forwarded via the European Ombudsman.
Recommendations
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Declare admissible;
ask the Commission for information;
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forward for information to the Committee on Foreign Affairs.
Petition 1552/2009 by Reinhard Hauch (German), on uniform limitation period
for debts in Europe
The petitioner is seeking uniform limitation periods for debt payment by natural and legal
persons in Europe. He proposes a three-year period in respect of interest and costs and a fouryear period in respect of other claims but no limits in respect of pension entitlements.
Recommendations
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Declare admissible;
Inform the petitioner that the Committee has noted his suggestions and forwarded the
matter to the Committee on Economic & Monetary Affairs;
Close.
Petition 1553/2009 by Wolfgang Lange (German), on a complaint against the
German legal authorities and the European Court of Human Rights
The petitioner has conducted several cases for compensation for expropriated property, which
the German courts have already passed judgement on. The petitioner subsequently appealed
to the European Court of Human Rights, which rejected his application with reference to
Article 34 (individual applications) and 35 (admissibility criteria) of the European Convention
on Human Rights. The petitioner therefore calls on the European Parliament to intervene and
secure a compensation payment of € 110 000.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
inform the petitioner that the Committee on Petitions cannot set aside decisions taken by
the competent authorities in the Member States. As it is not a legal body, it can neither
pass judgement nor annul Member States’ legal rulings. Neither can it intervene in the
proceedings of the European Court of Human Rights, which is not an EU institution but
comes under the auspices of the Council of Europe.
Petition 1554/2009 by M.R. Zondervan (Dutch), on refusal to renew his driving
licence
The petitioner protests at the unmotivated refusal of the CBR (Central Driving Licence
Authority) to renew his driving licence. He argues that he has all his physical and mental
faculties and can produce a signed medical certificate in evidence of this. He is accordingly
seeking the assistance of the European Parliament in retaining his driving licence.
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Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
refer the petitioner to the National Ombudsman and forward to the petitioner a summary
of the findings of the National Ombudsman’s report to the CBR;
close.
Petition 1555/2009 by Elaine Baker-Guni (Irish), on the inclusion of
environmental issues in all EU-funded projects
The petitioner, who is currently resident in Dar es Salaam (Tanzania), expresses concern at
the insufficient attention being given to climate change and environmental protection issues
with regard to EU-funded projects, such as the ‘Nelson Mandela Road’ in Dar es Salaam,
which fails to take account of the needs of pedestrians or cyclists, forcing them to use the hard
shoulder and placing them at constant risk of accident. She indicates that the Tanzanian
authorities attribute the absence of pavements or cycle lanes to insufficient funding and points
out that the European Union is a major source of funding for road construction in developing
countries. She is accordingly seeking better coordination of EU policies and consistent
implementation thereof.
Recommendations
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Declare admissible;
forward for information to the Committee on Development & Cooperation for
information;
close.
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Petition 1556/2009 by Jurij Rudanov (Lithuanian), on free legal aid
The petitioner, a Lithuanian citizen of Russian origin, is seeking the assistance of the
European Parliament in obtaining free legal aid in Lithuania, indicating that he and his family
are entitled to compensation amounting to over £100 million from the Lithuanian Government
but that the relevant procedures have been slowed down and obstructed, in particular owing to
the complex legal formalities, which must be completed in Lithuanian. The petitioner takes
the view that this constitutes discrimination against him and that his right to fair process has
been infringed.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
inform the petitioner that, if he considers his right to a fair process has been infringed, he
should, having exhausted all national channels of legal redress, refer the matter to the
Court of Human Rights in Strasbourg.
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Petition 1557/2009 by Izabella Meszarosne Gzorvari (Hungarian), on
The text forwarded for translation does not correspond to the petition; a new version was
requested on 8 December.
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Petition 1558/2009 by Matthias Schrötter (German), on regional selfdetermination
The petitioner asks for legislation so that cities may choose their administrative attachment to
district or regions.
Information
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The petitioner regularly submits petitions on his ideas for legislative proposals.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
inform the petitioner that he may petition the Bundestag on this matter;
Petition 1559/2009 by Anton Ulm (German), on failure to recognise in Germany
his driving licence acquired in Poland
The petitioner, whose German driving licence was withdrawn for drink-driving, subsequently
moved to Poland, where he was issued a Polish driving licence after passing a driving test.
The German authorities have refused to recognise the validity of this driving licence in
Germany with reference to the petitioner’s previous offence. The petitioner takes the view
that this decision constitutes failure to comply with Council Directive 91/439/EEC on driving
licences and he therefore calls on the European Parliament to intercede with the German
authorities.
Recommendations
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Declare admissible;
inform the petitioner that, although Council Directive 91/439/EEC on driving licences
does lay down rules for Member States’ mutual recognition of national driving licences
and the exchange of driving licences for holders who change residence or place of work
from one Member State to another, Article 8, paragraph 4, of the Directive also states
that 'A Member State may refuse to recognise the validity of any driving licence issued
by another Member State to a person who is, in the former State’s territory, the subject of
one of the measures referred to in paragraph 2', and that paragraph 2 states that 'Subject
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to observation of the principle of territoriality of criminal and police laws, the Member
State of normal residence may apply its national provisions on the restriction, suspension,
withdrawal or cancellation of the right to drive to the holder of a driving licence issued
by another Member State and, if necessary, exchange the licence for that purpose.’;
forward to the petitioner a copy of Council Directive 91/439/EEC on driving licences;
close.
Petition 1560/2009 by Todan Viorel Huţuleac (Romanian), on problems relating
to acquisition of assets from the CUPRU MIN company
The petitioner maintains that the Romanian authorities have failed to comply with the
contractual provisions relating to the possibility of acquisition of assets from the CUPRU
MIN company by the CUPRU-SIND company, which in 2003 took over initially outsourced
services under a joint venture agreement. The petitioner maintains that, in accordance with the
current legislation, CUPRU-SIND made a formal request to the Ministry for Economic
Affairs to purchase the assets being used by it under lease purchase arrangements. He
indicates that the instructions issued by the Ministry for Economic Affairs to facilitate the sale
thereof were never implemented and that, commencing in 2005, two attempts were made to
privatise CUPRU MIN S.A. Furthermore, the request by CUPRU-SIND to convert the joint
venture contract into a lease purchase contract was rejected. He indicates that debt default by
the State and non-payment of electricity bills have led to the power being cut off, resulting in
over 120 job losses in the CUPRU-SIND company. The petitioner contests the decisions of
the Romanian authorities with regard to this matter and is seeking the assistance of the
European Parliament to ensure compliance with the national legislation in force.
Information
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The petition was also registered under No 1579/2009.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
direct the petitioner towards national channels of legal redress;
inform the petitioner that the petition was registered twice and was considered under No
1560/2009.
Petition 1561/2009 by M.G.W. Dürrer-Klien (Austrian), on the euro
The petitioner takes the view that civil and human rights are being infringed by the euro in its
present form, arguing that it makes fair competition impossible and is undermining
democratic and social structures. He maintains that the financial crisis has revealed the
limitations of both the euro and the dollar. He sets out at length the disadvantages of the euro
and the functioning of the current monetary system and calls for the introduction of an
electronic currency with user charges instead of interest.
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Recommendations
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Declare admissible;
refer the petitioner to the website of the Committee on Economic and Monetary Affairs
and, in particular, the page referring to monetary dialogue with the ECB
http://www.europarl.europa.eu/activities/committees/editoDisplay.do?language=DE&me
nuId=2060&id=2&body=ECON
forward for information to the Committee on Economic and Monetary Affairs;
close.
Petition 1562/2009 by Janeta Ioneta Toader (Romanian), on non-compliance by
the local authorities with definitive and irrevocable judgments concerning the
restitution of property rights to land in Buftea
The petitioner protests at the inaction and corruption of the Buftea local authorities in failing
to take the necessary measures to comply with three final and irrevocable judgments
concerning restitution of her property rights to land wrongfully confiscated under the
communist regime. The petitioner is seeking the assistance of the European Parliament in
resolving the problem.
Recommendations
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Declare admissible;
inform the petitioner that, although the European Parliament is not empowered to
intervene directly to resolve individual cases such as her own, having received numerous
petitions concerning problems regarding implementation of legislation regarding the
restitution of properties confiscated under the communist regime, it has decided to seek
an investigation and report concerning the matter, with a view to obtaining a general
outline of the situation in Romania, Bulgaria and the western Balkan countries; inform
the petitioner that the report will not have a direct impact on her own situation and refer
her to the Ombudsman, who is empowered to investigate claims regarding the actions of
public officials;
close.
Petition 1563/2009 by Bozena Zuziak (Polish), on measures to prevent price
dumping and the failure of small business enterprise
The petitioner owns and runs a small business in central Frankfurt. She exposes her
difficulties in competing with large chain stores that she accuses of price dumping and asks
what measures Europe has taken to protect small businesses.
Information
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The European Commission published in November 2009 a guide to European Union
Support Programmes for SMEs.
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Recommendations
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Declare admissible;
send the petitioner the Commission document;
close.
Petition 1564/2009 by Marina Berati (Italian), on behalf of the Nutrition Ecology
International Centre (NEIC), and 1574 co-signatories, on the abolition of EU
subsidies for livestock farming and fisheries
The petitioner takes the view that, under common agricultural policy (CAP) and common
fisheries policy (CFP), billions of euros are being paid each year in subsidies to the stock
breeding and fisheries sector, indicating that heavy consumption of animal food products has
led to a steep rise in ‘rich-world’ disorders, such as tumours and cardiovascular diseases,
over-exploitation of commodities, malnourishment in third world countries and the clearing of
tropical virgin forests for cattle pasture and the cultivation of cattle fodder (for example,
soya). Use of energy, water, chemicals, drugs and fertilisers is causing major environmental
damage to the air, soil, sea and fresh water resources. In addition, producers in third world
countries can be deprived of their livelihoods as a result of dumping of EU-subsidised
products. She considers that European taxpayers' money is being used for ill-considered
decisions which, directly or indirectly, have adverse effects on health, the environment and
the international economy and is therefore seeking an end to subsidies for stock farming and
fisheries under the CAP and CFP and calls for measures to be taken to support and promote
the consumption of vegetable foodstuffs, which would result in the added advantage of lower
taxes throughout Europe.
Recommendations
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Declare admissible;
ask the Commission for information;
forward to the Committee on Agriculture and Rural Development and the Committee on
Fisheries for further action.
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Petition 1565/2009 by José Maria Pozancos (Spanish), on behalf of the FEPEX
(Spanish Federation of Producers and Exporters of Fruit, Vegetables, Flowers
and Live Plants), on EU tomato imports from Morocco
The petitioner expresses concern at the situation which has developed since 1999 as a result
of massive tomato imports from Morocco, resulting in unfair competition between importers
of fruit and vegetables on the internal market and placing tomato producers in difficulty. The
petitioner also alleges fraud in respect of unpaid EU customs duties.
Information
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The petitioner has forwarded a copy of his petition to Mr Diamandouros, the European
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Ombudsman.
Recommendations
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Declare admissible;
ask the Commission for information;
forward for information to the Committee on Agriculture and Rural Development.
Petition 1566/2009 by Carlos Correia de Matos (Portuguese), on the Portuguese
legal system
The petitioner wishes to draw the attention of the European Parliament’s President to his
dissatisfaction with the, in his view, corrupt Portuguese legal authorities in the hope that he
will take measures to ensure that the Portuguese people’s lack of legal certainty is brought to
an immediate end.
Information
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The petitioner has previously submitted petitions on problems with the Portuguese legal
authorities and the European Court of Human Rights, the latest being Petition 771/2006,
which was declared inadmissible.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
inform the petitioner that the Committee on Petitions cannot set aside decisions taken by
the competent authorities of the Member States. As it is not a legal body, it can neither
pass judgement nor annul Member States' legal rulings.
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Petition 1567/2009 by C.M.S.M.C. (Portuguese), on contract teachers in Portugal
The petitioner refers to the problem with contract teachers in Portugal, many of whom have
worked for 10 years and more on short consecutive employment contracts. The petitioner
claims that the responsible Portuguese authorities do not follow the same permanent
employment criteria in the case of all teachers in public sector education and, as she believes
that the case in question constitutes failure to comply with EU rules that the quality of
temporary employment should be improved by applying the principle of non-discrimination
and laying down a framework to prevent abuse deriving from the use of several consecutive
temporary employment contracts for employment relations, she calls on the European
Parliament to take the matter up.
Information
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Petitioner has not consented to discussion in public.
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Recommendations
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Declare admissible;
ask the Commission for information;
Petition 1568/2009 by Carmelino Di Salvo (Italian), on behalf of Voce del Popolo,
on radio and television fees
The petitioner objects to the unsatisfactory quality of the programmes offered by the Italian
RAI public service broadcasts and objects to the radio and television fees levied for them. He
calls for an end to radio and television licence fees.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
refer the petitioner to the Italian Parliament.
Petition 1569/2009 by M.P. (Italian), on the lack of ADSL facilities in his place of
residence
The petitioner objects to the lack of ADSL facilities in his place of residence, having been
informed by Telecom Italia that no connection to the ADSL network is being envisaged there
since the area is classified as ‘rural’.
Recommendations
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Declare admissible;
inform the petitioner that, in the field of telecommunications, the European Union is
seeking to complement the work of the Member States by supporting various national
measures for the upgrading of telecommunications infrastructure and access;
send petitioner the communication from the European Commission entitled "i2010 – A
European Information Society for growth and employment (COM (2005) 229 final)",
which sets out the support measures via which the EU supports actions by the Member
States to provide broad access to high speed internet services;
inform petitioner that in view of its limited powers in this area, the European Parliament
cannot intervene in his specific case;
close.
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Petition 1570/2009 by Tytti Enroth-Nortes (Finnish), on behalf of Finlands
Vågbrytare, on the lack of regard for victims of electromagnetic hypersensitivity
in Finland
The petitioner claims that not enough is done in Finland to improve the living conditions of
victims of electromagnetic hypersensitivity. She appeals to the EU Parliament to help.
Information
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Research is being funded by the 6th EU Framework Programme to feed into policy
development.
Recommendations
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Declare inadmissible; the matter does not come within the European Union's field of
activity;
send the petitioner the answer to parliamentary question P-4754/07 and information on
the EU funded research project;
close.
Petition 1571/2009 by Alberto Franceschi (Italian), on behalf of Comitato
"Vogliamo l'ADSL in zona Paltana, Armistizio, Mandria e Voltabrusegna", on
citizens' demand for access to high speed internet
The inhabitants of the area where the petitioner lives demands to be connected to high speed
internet. The Telecoms company needs to upgrade the central switch.
Recommendations
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Declare inadmissible: the matter does not come within the European Union's fields of
activity;
advise the petitioner to contact the Italian telecom regulator.
Petition 1572/2009 by G.M. (Italian), on his request to modify Regulation
2006/561/EC on the harmonisation of certain social legislation relating to road
transport
The petitioner has some detailed proposals for changes or clarifications to the legislative texts.
It appears that he feels that the existing version provides room for employers of lorry drivers
to impose excessively long periods of work.
Information
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Petition 0764/2009 concerned a related issue.
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Recommendations
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Declare admissible;
ask the Commission for information.
Petition 1573/2009 by Aurelio Pretel Marín (Spanish), on the Coastal Law
The petitioner, who purchased an apartment in the Santa Pola development area in Alicante in
1966, indicates that the municipal authorities have reclassified the land on which it is situated,
establishing the boundaries in such a way as to include it in the coastal strip. As a result, the
petitioner has been deprived of his property rights in respect of his apartment, with no
compensation, and has been left with only a 30-year usufruct, forfeiting the right to transfer or
bequeath the property.
Recommendations
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Declare admissible;
ask the Commission for information.
Petition 1574/2009 by Cheryl Collier (British), on discrimination by the
Bulgarian authorities against foreign house-owners in connection with the
payment of municipal taxes
The petitioner points out that foreigners wishing to buy land in Bulgaria may only do so in the
name of a company or enterprise. The petitioner therefore set up an investment company with
a view to acquiring a summer house in Kostaritza on the Bulgarian Black Sea coast. The
petitioner complains that enterprises are subject to far greater renovation and other municipal
taxes than private individuals and, since foreigners can only acquire land in the manner
described above, she regards this as contrary to EU principles on the free movement of goods,
persons, services and capital.
Recommendations
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Declare admissible;
ask the Commission for information;
Petition 1575/2009 by José Luis Baro Fuentes (Spanish), on the launching of an
investigation into possible embezzlement and maladministration on the part of
Nikiforos Diamandouros, European Ombudsman
The petitioner is seeking a European Parliament investigation into the alleged use for personal
ends of budgetary appropriations by Nikiforos Diamandouros, current European Ombudsman
and candidate for a new term of office. The petitioner also maintains that, during the
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campaign for the election of a new ombudsman, Nikiforos Diamandouros made use of the
annual report circulated in all Member States for campaigning purposes in order to
consolidate his own position, with a view to renewing his own term of office. The petitioner
also mentions a new publication, the 2008 Synthesis Report, which has been widely circulated
in all the official languages of the European Union. He alleges that Nikiforos Diamandouros
has seriously infringed the European Code of Good Administrative Behaviour, together with
Article 9 of the Statute of the European Ombudsman, requiring him to refrain from any act
incompatible with the nature of his duties.
Information
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This complaint has already been forwarded to the President of the European Parliament
and to the Committee on Petitions, having been discussed by the coordinators at the
extraordinary meeting in Strasbourg of 19 October 2009. On the recommendation of the
Legal Service, the Committee on Petitions decided that there was no justification for
complying with the petitioner's request.
Recommendations
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Declare admissible;
this issue has already been addressed by the Committee - see letter GEDA
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