EN Official Journal of the European Union CE 78/730

(2004/C 78 E/0779)

WRITTEN QUESTION E-1855/03

by Anna Karamanou (PSE) to the Commission

(3 June 2003)

Subject: Human rights in the EU — absence of common procedures for the reporting by Member States of human rights violations

In its six-monthly reports, Amnesty International expresses concern at systematic human rights violations in most Member States of the European Union, the victims being mainly migrants or members of minority groups and those responsible usually being members of the security forces. The violations may take the form of torture, ill-treatment and the excessive use of violence and in most cases they remain unpunished.

At the same time the European Union is engaged in a major endeavour to secure the protection of human rights outside its borders, having issued a series of recommendations and demands to third countries with which it is cooperating or which it is funding, while it remains silent about human rights violations taking place within its borders. At the same time the Treaties — by all accounts including the new constitutional Treaty currently being drawn up — clearly state that European Union's desire to protect human rights both outside and within. However, from the above it appears that in practice the European Union regards the protection of human rights within as the responsibility of the Member States and has accordingly failed to establish any supranational mechanism for monitoring and assessing the conduct of Member States and recommending measures to remedy problems, in particular structural shortcomings.

What steps will the Commission take to develop a common mechanism reporting human rights violations within the Member States of the European Union?

Answer given by Mr Vitorino on behalf of the Commission

(7 July 2003)

Respect for fundamental rights at the Union level is ensured by the following mechanisms:

— Article 7 of the Treaty on the European Union introduces mechanisms for ensuring respect for the principles set out in Article 6 paragraph 1 of the same Treaty. The Commission together with the Parliament and the Member States are the actors responsible for launching the mechanisms set out in Article 7. The Commission can initiate both mechanisms, of prevention and sanction, as provided for in paragraphs 1 and 2 of this Article. The Commission is in the process of producing a Communication to the Parliament and to the Council on the application of Article 7;

— In 2002, the Independent Network of Experts on Fundamental Rights was set up by the Commission at the request of the Parliament. Their first annual report, which has already been transmitted to the Parliament on 2 May 2003, gives a comprehensive overview of the actual situation of fundamental rights in each of the Member States. This report analyses the situation on fundamental rights with respect to each article of the Charter, reviewing the legislation, case law and practices of the national authorities in a national, Community and international context.

While the report does not constitute the Commission's official view, it does provide it with a clear snapshot of the situation, as regards the protection of fundamental rights in the Union.