Written question to the European Commission

Guaranteeing freedom of religion and the right to preserve cultural traditions is at the core of the protection of minority rights, one of the fundamental values of the European Union. Earlier this year, these rights and freedoms in Italy were restricted by the seizure and sealing of church bells in the parish church of Saint Urh in Dolina, near Trieste, an area inhabited by an autochthonous Slovenian national community which is protected by bilateral treaties between Slovenia (formerly Yugoslavia) and Italy, as well as by Italian domestic law (the 2001 Protection Act). The Italian authorities seized the bells on the basis of a complaint by six newly-arrived villagers, who said that the bells in the Dolina church, which performs rituals and customs in accordance with centuries-old Slovenian and Christian traditions, disrupt their rest and work.

By seizing these bells, the Italian national authorities not only disrupted long-standing traditions and the culture and customs of the area, but, by taking disproportionate action, jeopardised the hard-won coexistence between the people and national communities living here.

In this context, can the Commission tell us whether it is aware of the seizure of the bells from Saint Urh Church in Dolina, near Trieste, and how it will seek to remedy this disproportionate interference with religious freedom and cultural traditions in the area inhabited by the autochthonous Slovenian national community in Italy.

Answer given by Commissioner Reynders on behalf of the European Commission

The Commission does not have information on the facts mentioned by the Honorable Member.

The respect for the rights of persons belonging to minorities is explicitly mentioned in Article 2 of the Treaty on European Union. Freedom of religion is protected under Article 10 of the Charter of Fundamental Rights of the EU and Article 21 of the EU Charter explicitly also prohibits any discrimination on grounds of ethnic or social origin, language or membership of a national minority.

The Commission is committed to ensuring its respect within the remit of its competences. A ccording to its Article 51, the provisions of the Charter are addressed to Member States only when they are implementing European Union law.

In the present case, and on the basis of the information provided by the Honourable Members, it is thus for Italian authorities, including the judiciary, to ensure that their obligations regarding fundamental rights — as resulting from international agreements and from their internal legislation — are respected.

Within the Council of Europe system, the European Convention on Human Rights (ECHR) and the framework Convention for the Protection of National Minorities (1995), ratified by Italy, aim to ensure that the signatory states respect the rights of national minorities Anyone who considers that his or her rights or freedoms guaranteed by the ECHR have been violated may lodge a complaint with the European Court of Human Rights .

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