Brussels, 10/10/2003 (Agence Europe) - The European Commission has included in its agenda for Wednesday, the communication (provisional) of, "Article 7 of the treaty of the European Union: respect promotion of values on which the Union is founded". This communication initially seeks to set up a sort of guideline on the way in which the Commission implements the initiative when a Member State seriously affects freedoms and democracy. During a special meeting of Heads of Cabinet on Thursday the role of the institution was highlighted in the prevention and promotion of fundamental rights and cooperation with civil society. Put in the pipeline since the entry into force of the Treaty of Nice last February, this communication had been initially included in to the College agenda before summer and then pushed back till October. Pietro Petrucci spokesman for Commissioner Antonio Vitorino (Justice and Home Affairs) considers that there is absolutely no link with the committee of public freedoms' decision to investigate freedom of information in Italy (EUEOPE 4 October p 8).
The alarm system, introduced by the Treaty of Nice included three types of gradual responses when faced with a risk for democracy in a Member State. Initially (Article 7.1), it is the Council of Ministers deciding at a majority of four fifths of its members, following the opinion of the European Parliament, which could "indicated that there is a clear risk of serious violation" by a Member State of the fundamental principles such as those in Article 6.1 (freedom, democracy, respect of human rights and fundamental freedoms, State of Law). The Council could if needed "address appropriate recommendations" to the Member State. The initiative off the is procedure lays with the parliament, the Commission or a third of Member States. At a second level (Article 7.2) it is the Council meeting at a Head of State or Government level (European Council), decided at unanimity, that can "indicate the existence" of a serious and persistent violation" by a Member State of one of the fundamental principles. The initiative of this procedure lies with a third of Member States or the Commission. At a third level (Article 7.3), when the previous indication has been made and there is no result, the Council deciding at qualified majority can "suspend certain rights from the application of the Treaty from the Member State in question, including its voting rights at the Council". All votes at the Council take place without taking into account the vote of the government representative of the Member State concerned. Abstentions are not discounted when it affects unanimity.