WRITTEN QUESTION E-2618/99

by Michl Ebner (PPE-DE) to the Commission

(12 January 2000)

Subject: Fundamental Rights

1. According to Article 295 of the Treaty (ex Art. 222 CE), property rights are, on the basis of subsidiarity, to be dealt with by the Member States. Nevertheless, Article 6(1) of the Treaty of Rome provides some necessary guarantees in relation to human rights and thus to the recognition of property rights.

Various European regulations, when implemented, obviously have an impact on property rights. Among them, are the Birds Directive, the Habitats Directive and the Nitrates Directive. Some regulations under preparation risk having similar negative impacts on landowning (environmental liability, product liability, etc.).

How does the Commission intend to ensure a sufficient level of protection of property rights in its regulatory work, bearing in mind that the protection of fundamental rights does include property rights?

2. The Cologne Council launched the work on the Charter of Fundamental Rights. According to the European Convention on Human Rights, property rights are one of the fundamental rights.

Will the Commission include property rights in the Charter?

How will the Charter be applicable in practical terms when finalised?

Answer given by Mr Vitorino on behalf of the Commission

(14 February 2000)

1. The right to property is a basic right guaranteed by Article 1 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms and by constitutional traditions common to the Member States.

However, it is not an absolute right. Restrictions on it could go as far as expropriation on the basis of public utility. Article 1 of the abovementioned Additional Protocol lays down that every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure payment of taxes or other contributions or penalties.

Although, under Article 295 (former Article 222) of the EC Treaty, the Treaty does not in any way prejudge the system of ownership in the Member States, Article 6(2) of the Treaty on European Union requires the Union to respect the fundamental rights guaranteed by the European Convention on the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, and by the constitutional traditions common to the Member States as general principles of Community law.

The Commission takes account of the principle of proportionality in all its proposals so that the right to property is affected only within the indispensable limits imposed by the general interest.

2. Given that the Charter on Fundamental Rights is being drafted and that many questions relating to it are still outstanding, the Commission cannot make any forecast as to its content or the practical arrangements to apply it. These will depend on its legal nature and its content. In any case, given the importance of rights to property, it is obvious that the charter cannot overlook them.