SUMMARY: Request that the Italian government act in the interests of promoting the honoring of international agreements on the right to expatriate. Dissent of Radicals elected to the Italian Chamber of Deputies over the agreements of Shengen which would limit the entrance into the Community by Turkish and Maghreb citizens. The motion to remove the Berlin Wall. All the Italian Chamber of Deputies groups sign the motion on European Union, proposed by elected Radicals.

September 26, 1989

RIGHT TO EXPATRIATE: THE MOTION PRESENTED BY RADICALS ELECTED TO THE ITALIAN SENATE AND THE CHAMBER OF DEPUTIES ON THE FULFILLMENT OF COMMITMENTS MADE IN VIENNA AT THE CONFERENCE FOR EUROPEAN SECURITY AND COOPERATION IN THE CONTEXT OF THE RIGHT OF EVERY CITIZEN TO LEAVE HIS COUNTRY.

THE SENATE/CHAMBER OF DEPUTIES

while considering that:

--in light of the present international situation and the extraordinary democratic transformations in progress in some of the Central and Eastern European countries, it would seem both possible and necessary that the principles proclaimed and the commitments imposed by the Final Act of Helsinki and its successive amendments in the area of the CSCE process become progressively more a point of reference in international relations;

--the collaboration between the States having signed the Helsinki Act, in making concrete and precise application of the obligations assumed, constitutes an essential condition in preventing the transformations mentioned above from resulting in dangerous forms destabilization, and instead result in the acquisition of new and dynamic legal democratic stability;

--included in the commitments imposed on the States by the most recent and significant act of the CSCE process, the concluding document of the meeting in Vienna adopted on January 19, 1989, are the following:

"The participating States shall fully respect the right of each individual (...) to leave any country, including his own, and to return to that country" (Article 20).

"The participating States shall guarantee that the exercise of the above mentioned rights is not subject to any restrictions of any form whatsoever, excepting those provided for by law, and that they be in conformance with the obligations deriving from international law on civil and political rights and international commitments, in particular the universal declaration of human rights. Those restrictions are of an exceptional character. The participating States shall ensure that those restriction are not applied in an unlawful or arbitrary manner, but in such a way as to safeguard the effective exercise that right" (Article 21).

--restrictions on the right to leave one's own country in force in the German Democratic Republic, signatory of the Final Act of the Helsinki Conference and the document of the Vienna Conference, constitute a serious and flagrant violation of the principles proclaimed therein, not corresponding in any way whatsoever to the status of exceptionality or the other characteristics defined in Article 21 cited above;

--the serious atmosphere of tension which has developed between the German Democratic Republic and Hungary originating from the violation of the principles of the Helsinki and Vienna Conferences by the German Democratic Republic, and the moral obligation which the Hungarian authorities felt themselves under to obviate the effects of that violation in order to avoid becoming objectively co-responsible, as well as from the necessity of Hungary's having to honour obligations resulting from its position as signatory of the Geneva Convention on refugees;

The conflict between the German Democratic Republic and Hungary, thus, not only involves those two countries but implies the political co-responsibility of all States participating in the CSCE,

INSTRUCTS THE GOVERNMENT

--to assume all the initiatives necessary to guarantee that the participating states fill all obligations assumed with the Helsinki Act and the Vienna Document;

--to make formal protest against the pressure being applied by some to induce Hungary to abandon choices consistent with the spirit and the letter of those agreements.

Giuseppe CALDERISI

Francesco RUTELLI

Massimo TEODORI

Sergio STANZANI

Bruno ZEVI

Luigi D'AMATO

Emilio VESCE

Mauro MELLINI

Adelaide AGLIETTA

Marco PANNELLA

Adele FACCIO

Domenico MODUGNO

October 12, 1989

RIGHT TO ASYLUM: APPEAL PRESENTED BY THE RADICALS ELECTED TO THE ITALIAN CHAMBER OF DEPUTIES ON THE RIGHT TO ASYLUM AND IN PARTICULAR ON THE CONCLUSIONS OF THE SCHENGEN AGREEMENT--OPPOSITION OF RADICAL DEPUTIES TO THE SHENGEN AGREEMENT WHICH ESTABLISHES THE INTRODUCTION OF VISAS FOR ENTRANCE TO EEC COUNTRIES FOR TURKISH AND MAGHREB CITIZENS.

To the President of the Council of Ministers and the Ministers of Foreign Affairs, of Community Policy Coordination, of the Interior, of Justice, of Social Affairs, of Labour, and of Social Security.

Considering that:

--since 1986, the appropriate ministers in the European Community member States have participated in the "Group on Immigration", where the issue of illegal immigration was discussed in connection with the struggle against crime and terrorism, risking making a questionable connection between the two phenomena;

--the "Trevi Group", which reunites the Ministers of Justice and the Interior, and which has an ambiguous position in the Community's institutional set up, continues to formulate opinions in the area of visas and political asylum; opinions which, although not binding, assume political importance great enough have given rise to very critical judgement by European Parliament as regards a resolution of June 18, 1987;

--the "Group of Coordinators", created by the European Council in 1988, recently reached a consensus on procedures for requests for asylum and the policy for visas without providing appropriate information on the proceedings;

--the difficulty in establishing equalization of methods for border control and residence permits for the purpose of ensuring freedom of movement within member State territories, was increased by the conclusions of the Schengen Agreement, of June 14, 1985, between Holland, Belgium, Luxembourg, France and the German Federal Republic. This international agreement has no clause providing for the adhesion of other member States, and thus its extension to include other Community States depends on the express will of the present contracting States. Thus, the extension of the application of the above mentioned Treaty can be dependent on the existence or acceptation of some conditions by the States wishing to join;

--As it is known, the agreement is concerned with the "suppression of controls at common borders", by the reconciling of legislation. Among the short-term or medium-term norms, a particularly important one provides for common cooperation for immigration from third countries, as well as "some aspects of the rights of foreigners" (Art. 20). It is a question of equalizing, which goes beyond police cooperation and assumes a legal character as regards specific legislative measures which, when covered by the Constitutional law of the member States, must be submitted to the approval of the national parliaments;

--the condition of obligatory consultation with other EEC member States would appear to be inadequate, since measures taken within the sphere of the Agreement produce effects in the territories of other Community States;

--the Schengen Agreement is an expression of legal cooperation, also as regards extradition, and the obligation to cooperate in the fight against crime and in the area of the illegal arms;

--the creation of a sub-system, like that of the Schengen Agreement, demonstrates obviously that the prospective of Community competence in this material is weak and uncertain; the commitment imposed by the Agreement does not appear to have 1992 as its deadline, nor does it provide for automatic forfeit at the time that specific Community legislative acts for equalization are issued;

The signatories request to be informed as to:

--whether the Government is examining the possibility of Italy's adhering to the Schengen Agreement and if one of the conditions imposed by the present contracting States to Italy's entrance concerns the policy of entrance visas for third countries (and in particular, the introduction of entrance visas for Turkish citizens);

--whether it is true that the retraction of the geographic clause to the Geneva Convention of 1951 on the Statute on Refugees--that retraction so often solemnly announced by the Italian government and never up until now realized--will continue to be conditioned by the Italian government to the preliminary approval of a control system of admission of non-Community citizens to Italian territory;

--whether the government, in the difficulty met with until now in approving a national and Community legislation on the admission and the residence of non-Community citizens, intends to avail itself of the Schengen Agreement as a model for "surrogate" control of Community regulation which would thus end up being postponed indefinitely;

--whether the government intends to support the legislative policy of the five member States of the Shengen Agreement, apparently always more restrictive as regards the admission of individuals from non European Community countries;

--what the line of Italian policy is, expressed in the "Group on Immigration", in the "Trevi Group" and the "Group of Coordinators";

--what action the Government intends to take to create European citizenship and the realization of the Declaration of the Right to Freedom approved by European Parliament on April 12, 1989, which applies to all individuals, including non European Community citizens.

Peppino CALDERISI

Mauro MELLINI

Francesco RUTELLI

Sergio STANZANI

Marco PANNELLA

Luigi D'AMATO

Adele FACCIO

Emilio VESCE

October 23, 1989

BERLIN WALL: PRESS CONFERENCE ON THE PARLIAMENT'S ACTION AGAINST THE BERLIN WALL, WITH STANZANI, MODUGNO, CALDERISI AND FILIPPINI.

Rome, October 23--N.R.--A series of inter-Parliamentary actions connected with the Berlin Wall began this week.

The actions were explained this morning during a press conference in which Sergio Stanzani, the First Secretary of the Radical Party, Deputy Domenico Modugno, Peppino Calderisi, head of the European Federalist Group of the Chamber of Deputies, and Rosa Filippini, Ecologist Deputy, took part.

Stanzani affirmed that "the motion presented (RE: text which follows) is fully in concert with the Radical Party line as the first transnational force. The signatures which you see are the first. Others will arrive: we expect the adhesion of the PCI (Communists) and a response from the PSI (Socialists). For the moment, the problem is one of following up the motion, by creating an international committee. European unity can be achieved only through federation; the unification of Germany is a real problem, but the road to real recomposition of national problems can only be internal." Rosa Filippini said that this "will be a high priority campaign of the "Friends of the Earth", whose groups are already active in the Eastern Europe."

MOTION

The Chamber, while considering that:

--the Berlin Wall today represents one of the most hateful symbols of the division of Europe into political blocks, as well as of the violation of the most elementary human rights;

--the extraordinary progress towards democracy of the Central and Eastern European countries finds a considerable obstacle in the unresolved issue of Berlin;

--the Final Act of the Helsinki Conference on Security and Cooperation (1975) and the Conclusive Document of the Vienna Meeting of the CSCE (1989), which was also signed by the German Democratic Republic, sanctions the right of all citizens to leave any country, including their own, and to return to their own country;

--the German Democratic Republic benefits widely from numerous economic facilitations and customs exemptions conceded by the EEC--causing references being made to a secret thirteenth member of the EEC--one not obliged however to adhere to the democratic principles which are the foundation of the European community and not even bound by the obligations imposed by Community economic and trade policy regulations;

--the great migratory waves of the thousands of citizens who abandoned the German Democratic Republic demonstrate on the one hand deep dissatisfaction with the regime and on the other the impossibility of smothering the desire for freedom and democracy;

--if the tensions which exploded in the German Democratic Republic, do not find a democratic solution, they could constitute a serious obstacle to the democratic process in progress in the Warsaw Pact countries, causing serious tensions and threats to the security of the entire continent;

--for all these reasons it is necessary and right that the European Community--which today more than ever must become a political unity--assume direct responsibility;

INSTRUCTS THE GOVERNMENT

--to undertake all political and diplomatic actions, above all through the European Community, aimed at soliciting on the one hand the governments of the United States of America, France, Great Britain, the Federal Republic of Germany, and on the other, the governments of the Soviet Union and the German Democratic Republic, to resolve the juridical issues still pending as regards the status of Berlin and to request that freedom of movement outside the State confines by citizens of the German Democratic Republic be guaranteed, and that all other necessary steps be taken to achieve in the briefest possible time the removal of the Berlin Wall, in a tangible, concrete gesture of the desire to reject the system of political blocks in Europe;

Stanzani--Modugno--Piccoli

Anselmi--Battistuzzi--Benedicter--Bruni--Calderisi--Caria--Caveri--Del Pennino--Dutto--Ermelli Cupelli--Faccio--Filippini--Labriola--Leoni--Pannella--Piro--Ronchi--Rutelli--Russo--Sanguineti--Scotti--Serrentino--Tiezzi--Villeit.

The Motion will also be signed by PCI (Communist) deputies.

October 26, 1989

EUROPEAN UNION: THE MOTION PROMOTED BY RADICALS ELECTED TO THE ITALIAN SENATE AND THE CHAMBER OF DEPUTIES ON THE CONSTITUENT MANDATE OF EUROPEAN PARLIAMENT--THE SIGNATURE OF THE PRESIDENT OF THE PARLIAMENTARY GROUPS OF THE CHRISTIAN DEMOCRATS, THE COMMUNIST PARTY, THE REPUBLICAN PARTY, THE INDEPENDENT LEFT, THE ECOLOGIST GROUP, THE SOCIALDEMOCRAT GROUP, THE PROLETARIAN DEMOCRACY AND THE SARDINIAN ACTION PARTY.

Rome, October 26--N.R.--In view of the meeting of the European Council to be held the 8th and 9th of December, 1989, the following motion has been signed by the presidents of all the Parliamentary groups of the Chamber, the text of which is given as below.

The Motion which obliges the Government to promote a series of actions in favour of European Union, consistent with the will of the people as expressed in the referendum held last June, was also discussed by the European Federalist Group of the Italian and European Parliaments. The Conference of Parliamentary Group heads in addition also decided to debate it in the Chamber, in the presence of Andreotti and De Michelis.

The Chamber,

(...)

having noted that Parliament approved the Constitutional law of April 3, 1989, No. 2 "Proclamation of a referendum on the conference of a constituent mandate to European Parliament, to be elected in 1989; that 88% of the vote was registered in favour of the referendum, which took place on June 18, at the same time as the elections of Italian representatives to European Parliament;

instructs the Government

1. to include in the order of the day of the European Council Meeting on December 8 and 9, deliberation of the Single European Act, as regards the necessary institutional reforms, in conformity with the statement registered at the time of the signing of that Single European Act on February 28, 1986, based on the result of the referendum held in Italy on June 18, 1989 for a European Parliament "project draft mandate for European Constitution";

2. to present to the governments of the Community member countries, at the European Council Meeting in Strasbourg, the Executive Commission and European Parliament, a memorandum containing the proposals and the plans for action to execute the will of Italian citizens as expressed by the referendum vote, and the transformation of the Community into a true Union; to analyze in that memorandum the institutional consequences of the democratic deficit of the Community, the revision of European cooperation in the area of foreign policy as provided for in Art. 30, Paragraph 12, of the Single European Act, of financing reforms for the Community budget as per decision by the European Council in Brussels in February 1988 and the progress of European integration in the interests of economic and monetary union; to stress that its commitment in favour of taking all necessary steps for monetary union, as presented in the Delors Committee Report, constantly accompanied by precise political and diplomatic action for the tra

nsforming of the Community, before the next European elections, into a true European Union;

3. to request that the European Council in Strasbourg nominate an ad hoc Committee of individual representatives of the Chiefs of State and Governments, presided over by the President of the European Commission, Jacques Delors, charged with analyzing the functioning of Community institutions and the Community's democratic deficit, and to present its conclusions to the European Council meeting in Dublin in June of 1990, in particular its proposals as to a European Parliament mandate to create the constitutional basis of European Union;

4. to convoke, on the occasion of the European Council meeting in Strasbourg, the Inter-government Conference for economic and monetary union, to begin on July 1990; to confirm its consensus for the methods and programme of action proposed by the Delors Committee Report; to ask that European Parliament be associated to the Conference sessions, to create the conditions necessary for agreement between the member States and European Parliament; and that the condition for that convocation be the acceptance of Point 3 and the condition that the Conference draw up a new Treaty for monetary union which is not subject to procedures in Article 236 of the EEC Treaty which imposes the unanimity of the twelve national governments;

5. to report periodically to Parliament on the progress of preparations for the inter-government Conference and actions in favour of European Union and the constituent role of European Parliament.

SCOTTI--ZANGHERI--CAPRIA--PAZZAGLIA--DEL PENNINO--BASSANINI--MAT TIOLI--CARIA--BATTISTUZZI--CALDERISI--ARNABOLDI--COLUMBU