Occupational ban in Germany against the Heidelberger teacher Michael Csaszkóczy
WRITTEN QUESTION E-2117/04 by Tobias Pflüger (GUE/NGL) to the Commission (10 September 2004)
What is the Commission's opinion of the occupational ban pronounced by the Baden-Württemberg Minister for Education and the Arts Annette Schavan against the Heidelberg secondary school teacher Michael Csaszkóczy, who is an active member of anti-fascist groups and the anti-war movement? Does the Commission see this as a violation of anti-discrimination laws and the freedom to exercise a profession? Does the Commission share the Luxembourg and Strasbourg courts' opinion that occupational bans such as this are unlawful? What action does the Commission intend to take, in its capacity as guardian of the treaties, against this practice of occupational bans?
By way of background: since the beginning of 2004 the Baden-Württemberg Ministry for Education and the Arts and Ministry of the Interior have been reviving the federal practice of occupational bans. The Heidelberg secondary school teacher Michael Csaszkóczy was refused employment because he "does not guarantee always to be fully committed to the free democratic order". In a 1995 judgment the European Court of Human Rights declared occupational bans to be a violation of human rights.
Answer given by Mr Dimas on behalf of the Commission (19.11.2004)
The EC Treaty provides that any discrimination on grounds of nationality is forbidden, within the scope of application of the EC Treaty (Article 12).
Moreover, Article 13 of the EC Treaty provides powers to combat discrimination based on the grounds of sex, racial and ethnic origin, religion and belief, disability, age and sexual orientation (Article 13). The Council of Ministers adopted two Directives to give effect to these powers.
However, the situation that the Honourable Member raises is related to an alleged discrimination which is not based on any of the grounds mentioned above.
Article 21 of the Charter of Fundamental Rights of the European Union provides that any discrimination based, inter alia, on political or any other opinion shall be prohibited. Nevertheless, the provisions of the Charter are addressed to the institutions of the European Union and to the Member States only when they are implementing Union law and it does not establish any new power or task for the Union.
According to the information provided by the Honourable Member, the situation described has no link to European Union Law and is a matter for the national law alone.
What is the Commission's opinion of the occupational ban pronounced by the Baden-Württemberg Minister for Education and the Arts Annette Schavan against the Heidelberg secondary school teacher Michael Csaszkóczy, who is an active member of anti-fascist groups and the anti-war movement? Does the Commission see this as a violation of anti-discrimination laws and the freedom to exercise a profession? Does the Commission share the Luxembourg and Strasbourg courts' opinion that occupational bans such as this are unlawful? What action does the Commission intend to take, in its capacity as guardian of the treaties, against this practice of occupational bans?
By way of background: since the beginning of 2004 the Baden-Württemberg Ministry for Education and the Arts and Ministry of the Interior have been reviving the federal practice of occupational bans. The Heidelberg secondary school teacher Michael Csaszkóczy was refused employment because he "does not guarantee always to be fully committed to the free democratic order". In a 1995 judgment the European Court of Human Rights declared occupational bans to be a violation of human rights.
Answer given by Mr Dimas on behalf of the Commission (19.11.2004)
The EC Treaty provides that any discrimination on grounds of nationality is forbidden, within the scope of application of the EC Treaty (Article 12).
Moreover, Article 13 of the EC Treaty provides powers to combat discrimination based on the grounds of sex, racial and ethnic origin, religion and belief, disability, age and sexual orientation (Article 13). The Council of Ministers adopted two Directives to give effect to these powers.
However, the situation that the Honourable Member raises is related to an alleged discrimination which is not based on any of the grounds mentioned above.
Article 21 of the Charter of Fundamental Rights of the European Union provides that any discrimination based, inter alia, on political or any other opinion shall be prohibited. Nevertheless, the provisions of the Charter are addressed to the institutions of the European Union and to the Member States only when they are implementing Union law and it does not establish any new power or task for the Union.
According to the information provided by the Honourable Member, the situation described has no link to European Union Law and is a matter for the national law alone.
Tobias Pflüger - 2005/03/08 19:21
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