Local view for "http://purl.org/linkedpolitics/eu/plenary/2003-12-03-Speech-3-170"
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"en.20031203.13.3-170"2
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"Mr President, Commissioner, ladies and gentlemen, first of all I wish to congratulate Mr Cashman on the report he has presented, which won the unanimous support of the Committee on Citizens’ Freedoms and Rights, Justice and Home Affairs. As Mr Cashman stated, and as Commissioner Bolkestein reiterated, the fundamental logic of freedom of movement will make the need to adopt rules in these areas increasingly pressing, because the free movement of citizens within Community territory will multiply the number of cases that we are seeing today and which warrant our attention. In fact, it is incomprehensible that the death of a Community citizen in a Member State other than his or her country of origin results in much more complex procedures, a longer period of time before burial or cremation takes place, and higher costs. This clearly runs counter to the Community approach.
This being the case, measures must be adopted to simplify or even harmonise the process of repatriating the mortal remains of persons who have died so as to bring this process more into line with the Community approach which is not, of course, taken into account in the international agreements governing this field. These are the 1937 Berlin agreement and the 1973 Strasbourg agreement which, because they are quite old, are not relevant to the situation we have in Europe today and have therefore become largely obsolete. Furthermore, these agreements established a form of indirect discrimination because they apply essentially to ‘non nationals’, which contravenes the fundamental principle of non-discrimination enshrined in Community law, thereby breaching essential rules of Community law. It consequently falls to the Commission, as guardian of the Treaties, to ensure that these are compatible and to adopt the necessary measures to guaranteeing that they are complied with.
Lastly, it should be pointed out that not all Member States have ratified these agreements, which is another reason for the unacceptable disparity in the measures adopted by each of the Member States."@en1
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