Brussels, 14/10/2003 (Agence Europe) - The European Commission sets out its interpretation of the terms for using Article 7 of the Treaty on monitoring respect of fundamental rights in a communication to be adopted on Wednesday. In the communication, it stresses above all the difference between isolated breach of rights, which should be put to the national courts or to the European Court on Human Rights, and systematic violation or risk of systematic violation, in which case the Article 7 procedure can be started. It stresses that it regularly receives complaints from persons or NGOS calling upon it to initiate Article 7 procedure for specific or isolated cases.
Article 7 of the Amsterdam Treaty already allowed a State to be penalised for serious and persistent breach of fundamental principles. Since the Treaty of Nice took effect in February, Article 7 also allows recommendations to be addressed preventively, when there is a ruling on whether there is serious risk of serious violation. This Article 7.1 procedure allows recommendations to be addressed whereas Article 7.2, which covers violations once noted, allows sanctions to be imposed (EUROPE of 11 October, p.5). The Commission makes several small specifications about the notions included in Article 7, mainly insisting on the fact that the "risk" of violation (Article 7.1) must be "clear" and that, if it is a question of sanctioning violation, then that violation must be serious and persistent (Article 7.2). For example, it cites a law allowing minimum procedural guarantees to be lifted in wartime. Its adoption would constitute a "clear risk", its implementation serious violation. Nonetheless, the communication stresses that it is not necessary to follow the procedure for Article 7.1 before following that of 7.2.
The Commission also suggests consultation should be better organised between the Institutions and the Member States, as well as with experts. It hopes that the pilot project will be pursued and perpetuated, to allow a group of independent experts to draft a report on fundamental rights (EUROPE of 7 May). It proposes that, on the basis of its work, regular meetings will be organised with the Member States for analysing the situation. The Commission stresses that Article 7 is not limited to respect of application of Community law, but applies to fundamental rights as a whole, including actions undertaken by Member States outside the scope of Community law.
It was also on Wednesday that the conference of presidents of the European Parliament is to speak of the request made by the Committee on Citizens' Freedoms to launch the procedure under Article 7.1 on freedom of information in Italy for the first time (EUROPE of 4 October, p.8). Nonetheless, its decision would not be taken until 23 October. It is expected that it will give its agreement, since only the EPP-ED has said it is against this for now. On the other hand, if the EPP-ED sticks to its position, the procedure will not run to its successful conclusion as it requires a two-third majority of votes expressed in plenary, representing a majority of Parliament members.