The Netherlands' violation of Article 18, paragraph 1 of the Treaty on the Functioning of the European Union (TFEU)

13.3.2012

Question for written answer E-002825/2012
to the Commission
Rule 117
Sebastian Valentin Bodu (PPE)

Article 18 TFEU states that: ‘Within the scope of application of the Treaties, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited’.

The Dutch Freedom Party (PVV) has opened a website inviting Dutch citizens to complain ‘if they have lost their job because of a Pole, Romanian or Bulgarian’, or ‘if they have been disturbed in any way by a Pole, Romanian or Bulgarian’. This site is in fact a platform for incitement to discrimination and even hatred based on citizenship, a fact that is an evident breach of the above Article.

The PVV is effectively a governing party given its parliamentary support for the current government in return for government promotion of PVV policies.

Furthermore, the current liberal Prime Minister has not taken any action to stop or even discourage this site, administratively or judicially.

The Dutch Prime Minister has also declined the invitation from the European Parliament and refused to give any explanations regarding this site.

The logical conclusion is that the current Prime Minister and the Dutch Government implicitly support the operation of this site, tacit support for discriminatory policy being equivalent to the promotion thereof.

In view of this:

Does the Commission consider that the Government of the Kingdom of Netherlands is infringing Article 18(1) TFEU? What specific measures does the Commission consider appropriate in this case?

OJ C 117 E, 24/04/2013