WRITTEN QUESTION by Cristiana Muscardini (PPE)
to the Commission
Subject: The ‘Jugendamt’
On 8 May 2009, ten-year old Leonardo and his six‑year old
brother Nicolò were taken, on the orders of Germany’s ‘Jugendamt’ and
unbeknown to their mother, from their school in Milan and sent
immediately to Germany to rejoin their father there. This shocking case
is just one more to be added to the many other cases already condemned
by Mr Libicki in a report produced by Parliament’s Committee on
Petitions. The report recognised that many members of the European
public are very worried by the Jugendamt’s actions and feel that there
is an inherent problem of discrimination in the procedures regularly
employed by this body; a body that constantly violates the European
Convention on Human Rights and the EU’s founding principles which
proclaim respect for fundamental rights and the rights of the child.
1. Does the Commission agree that, since discrimination on the
grounds of nationality is inherent in some of the practices employed by
Jugendamt officials, this situation has European implications?
2. While recognising that family law comes within the Member
States’ sphere of competence, does the Commission not feel still that
it should act to redress the more negative aspects of laws on the
exercise of parental responsibility in Germany?
3. Does the Commission agree that this body’s rules and
procedures contravene fundamental European legal standards, and in
particular the European Convention on Human Rights and EU principles on
fundamental rights?