Subject: Restrictions on freedom of assembly and academic freedom
On 26 January 2021, the Chief of Police (Government Gazette 242B of 25 January 2021) abruptly decided to ban all public outdoor gatherings of over 100 persons in Greece until 1 February 2021, without specifying the reasons for setting the limit at that number of persons and for that particular duration. Furthermore, in the absence of the requisite opinion issued in advance by the National Committee for Public Health Protection against COVID-19, the statutory coronavirus procedure was not followed.
At the same time, a bill has been tabled before the Greek Parliament for the creation of a police force on Greek university premises to maintain law and order and prevent delinquency inside and outside campus buildings.
In view of this:
1. What measures will the Commission take to uphold freedom of assembly as enshrined in Article 12 of the Charter of Fundamental Rights of the European Union and Article 11 ECHR, which states that no restrictions shall be placed on the exercise of these rights other than such as are necessary in a democratic society?
2. How will it ensure that freedom of academic and scientific research as enshrined in Article 13 of the Charter of Fundamental Rights of the European Union, are upheld and that those engaged in these fields are shielded from ongoing monitoring?
Answer given by Mr Reynders on behalf of the European Commission
(7 May 2021)
The Commission has been monitoring the emergency measures to fight the COVID-19 crisis in all Member States, including Greece, as regards their impact on the rule of law, fundamental rights, free and fair elections and democratic debate.
The right to assembly and the right to academic freedom are enshrined in Articles 12 and 13 of the EU Charter of Fundamental Rights. According to its Article 51(1), the Charter only applies to Member States when they are implementing EC law.
The matters to which the Honourable Member refers do not relate to the implementation of EC law. It is for Member States, including their law enforcement and judicial authorities, to ensure the respect of fundamental rights as provided for by their national law and international commitments.
The importance of academic freedom has been reiterated by the Bonn Declaration on ‘Freedom of Scientific Research’ adopted at the Ministerial Conference on the European Research Area on 20 October 2020 and by the Rome Ministerial Communiqué of the European Higher Education Area (EHEA), and its Statement on Academic Freedom of 19 November 2020. Following this Statement, intensive work is ongoing in the EHEA to develop a framework for the enhancement of fundamental values in higher education.
