Subject: Discrimination and threat to the right to work as a result of displaying the Basque flag
‘United in diversity’ is the motto of the European Union. Article 22 of the Charter of Fundamental Rights of the European Union (annexed to the Treaty on the Functioning of the European Union) enshrines this principle in European law by declaring that the Union respects ‘cultural, religious and linguistic diversity’. Similarly, Article 15 highlights national minorities’ right to work, and Article 21 bans discrimination on the grounds of membership of a national minority. All these rights have been violated by the International Federation of Basque Pelota, which has penalised a player from the French team Bixintxo Bilbao for displaying the Basque flag (the ikurriña) after the team became world champions in a pelota discipline in October 2018 in Barcelona. The Federation’s rules do not ban displays of the Basque flag at officially sanctioned Basque pelota matches. The player referred to above may be prevented from exercising his profession for one year, however.
1. Does the Commission, as guardian of the Treaties, consider this behaviour acceptable in the European Union?
2. Does the Commission have the power to put a stop to behaviour of this kind by international sports bodies?
3. Given the repeated violations of the fundamental rights of national minorities in Europe, when will binding European legislation be introduced to protect them?
Answer given by Ms Jourová on behalf of the European Commission
(15 May 2019)
The respect of the rights of persons belonging to minorities is one of the founding values of the European Union and is a principle explicitly mentioned in the Treaty on European Union. Moreover, any discrimination on the basis of membership of a national minority is explicitly prohibited under Article 21 of the Charter of Fundamental Rights of the European Union.
The Commission ensures that fundamental rights and, in particular, the right to non-discrimination, are respected when EC law is implemented.
In accordance with the Treaties, the Commission has limited powers to intervene in matters which concern sport and its governing bodies. The Commission acknowledges the autonomy of sport governing structures as a fundamental principle relating to the organisation of sport.This autonomy entails the right for sport governing bodies to establish their own rules and appropriate sanctions for the non-respect of such rules in full respect of EC law.
Moreover, the Commission does not have a general power to enforce fundamental rights, since according to Article 51(1) of the Charter of Fundamental Rights, the provisions of the Charter are addressed to the Member States only when they are implementing EC law. It is thus for Member States to ensure the respect of their obligations regarding fundamental rights as resulting from international agreements and from their internal legislation.