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C 110 E/68 Official Journal of the European Union EN 8.5.


(2003/C 110 E/070) WRITTEN QUESTION E-2545/02

by Marco Cappato (NI) to the Commission
(12 September 2002)

Subject: Violations of people’s freedom of movement committed by the French authorities at the Franco-
Italian border on the occasion of the ‘Technival’ of 15 August in Italy

On the occasion of the ‘Technival’ techno festival, held in Italy on the long weekend of 15 August, the
French authorities stopped lorries carrying musicians and their sound systems at the ‘Col de Larche La
Maddalena’ Franco-Italian border point and prevented them from reaching the event in Italy. The ‘Alpes de
Haute Provence’ prefecture even denied pedestrians access to Italy for several hours between 14 and
15 August.

What action does the Commission intend to take vis-à-vis the violations of people’s freedom of movement
committed on this occasion?

Answer given by Mr Vitorino on behalf of the Commission

(21 October 2002)

Freedom to move and reside in another Member State is a fundamental right conferred directly on every
citizen of the European Union by the EC Treaty. However, this right may be restricted on grounds of
public policy, public security, or public health.

Public policy measures taken by the Member States must be assessed in the light of Council Directive 64/
221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and
residence of foreign nationals which are justified on grounds of public policy, public security or public
health (1) and Court of Justice case-law. No restrictions in the interests of national security or public safety
may be placed on the rights secured by the EC Treaty other than such as are necessary for the protection
of those interests (2).

It falls to the national authorities first to assess the situation at hand and then to take appropriate measures
in accordance with Community law. In particular, any measures taken to protect law and order and public
security must respect the principle of proportionality: the measure must be justified, the end must be
commensurate with the means, and the right balance must be struck between the interests of the
individual and the State concerned.

The Commission is unable to determine, on the basis of the information provided by the Honourable
Member, whether the Community rules governing free movement were infringed in the case of the
‘Technival’ techno festival. No complaints from members of the public have been received in this

(1) OJ P 56, 4.4.1964.

(2) Cf. Case 36/75 Rutili [1975] ECR II-1219.

(2003/C 110 E/071) WRITTEN QUESTION E-2549/02

by Erik Meijer (GUE/NGL) to the Commission
(12 September 2002)

Subject: Public transport in urban areas 1: making towns accessible for tourists and other visitors by means
of better information and sales

1. Is the Commission aware that there are major differences between towns in EU Member States as
regards the extent to which local and regional transport are accessible for visitors unfamiliar with local
practices, the route network, the fare system and the language? In some towns, excellent information is
provided and tickets are readily available, whereas in others, visitors are forced to choose between walking,
taking a taxi, undertaking an extensive preliminary study of the local public transport system or putting up
with surprises and misunderstandings, with the result that in many cases the ticket used is either too cheap
for the journey in question (and therefore invalid) or too expensive, or that people end up at the wrong