# CE2004088EN.01044401.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/444 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/444

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(2004/C 88 E/0452)

WRITTEN QUESTION P-2990/03

by Professor Sir Neil MacCormick (Verts/ALE) to the Commission

(6 October 2003)

Subject:   Benes Decrees (October 2002)

Subject:

With reference to the background papers and expert reflections prepared in relation to the Commission's official opinion on the Benes Decrees (October 2002), I request the following information:

| 1. | What sources were used? |
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1.

What sources were used?

| 2. | What were the main considerations? |
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2.

What were the main considerations?

| 3. | Did the Commission administration follow consultations? |
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3.

Did the Commission administration follow consultations?

| 4. | If yes, with whom? |
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4.

If yes, with whom?

Answer given by Mr Verheugen on behalf of the Commission

(24 October 2003)

(24 October 2003)

The document entitled ‘The Czechoslovak presidential decrees in the light of the “acquis communautaire” — Summary Findings of the Commission Services’ dated 14 October 2002 was made available to the Parliament and the public at large. A further copy of this document is now sent directly to the Honourable Member and to Parliament's Secretariat.

| 1. | Apart from the relevant Czechoslovak primary legal texts, European and international law, the main sources used were the relevant rulings by Czech courts, in particular the Constitutional Court and the Supreme Court, as well as various other information papers submitted by Czech officials. All these sources have been listed in annexes 1 to 3 of the document of 14 October 2002 referred to above. In addition, the Commission consulted a variety of legal opinions, of its own Legal Service as well as from independent experts. |
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1.

Apart from the relevant Czechoslovak primary legal texts, European and international law, the main sources used were the relevant rulings by Czech courts, in particular the Constitutional Court and the Supreme Court, as well as various other information papers submitted by Czech officials. All these sources have been listed in annexes 1 to 3 of the document of 14 October 2002 referred to above. In addition, the Commission consulted a variety of legal opinions, of its own Legal Service as well as from independent experts.

| 2. | The main considerations are set out in the above-mentioned document of 14 October 2002. Essentially, the question to be answered in the document was whether the decrees posed an obstacle to the Czech Republic's accession to the Union in the light of the ‘acquis communautaire’. The conclusion of the Commission's investigation is that this is not the case. |
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2.

The main considerations are set out in the above-mentioned document of 14 October 2002. Essentially, the question to be answered in the document was whether the decrees posed an obstacle to the Czech Republic's accession to the Union in the light of the ‘acquis communautaire’. The conclusion of the Commission's investigation is that this is not the case.

| 3. and 4. | The Commission took note of various legal positions from all sides of the argument. Among the legal opinions available, conclusions and recommendations regarding the decrees vary considerably. While the Commission, in determining its own assessment, carefully took into account positions that are critical of the decrees, it considered it equally essential to conduct a thorough fact-finding investigation based on the actual legal situation and practice in the Czech Republic. |
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3. and 4.

The Commission took note of various legal positions from all sides of the argument. Among the legal opinions available, conclusions and recommendations regarding the decrees vary considerably. While the Commission, in determining its own assessment, carefully took into account positions that are critical of the decrees, it considered it equally essential to conduct a thorough fact-finding investigation based on the actual legal situation and practice in the Czech Republic.

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