WRITTEN QUESTION E-0159/03

by Michl Ebner (PPE-DE) to the Commission

(29 January 2003)

Subject: Commission's position on Article 13 of the EC Treaty

The European Convention is currently working on a constitutional Treaty for the European Union of the future. Among other proposals, it supports the incorporation into the EU Treaties of the Charter of Fundamental Human Rights, as well as the accession of the EU to the European Convention on Human Rights (ECHR).

Both these texts on human rights proscribe discrimination based on language or on membership of a national minority (Article 21, Charter of Fundamental Human Rights; Article 14, ECHR).

However, neither form of discrimination is mentioned in Article 13 of the EC Treaty. Consequently they also go unmentioned in the Action Programme to combat discrimination.

The Commission:

- Is it in favour of amending Article 13 of the EC Treaty to ensure that, rather than simply paying lip service to the principle of comprehensive non-discrimination, this principle is given visible and practical expression in the programmes of the EU?

- Is it prepared to tackle the issue through its representatives in the Convention?

- Will it consider, independently of the Convention's discussions, the possibilities and alternatives available as to how preventing and combating discrimination based on language or membership of a national minority can be given due place in its initiatives?

Answer given by Mr Prodi on behalf of the Commission

(3 March 2003)

In the framework of the work of the Convention, the Commission supports the incorporation of the general principle of non-discrimination into the future Constitution of the Union. It also supports the inclusion of the Charter of Fundamental Rights in the text of the Constitution, which would give constitutional status to Article 21 of the Charter. It is the role of the Praesidium of the Convention to make

proposals on the provisions of the future Constitution. Draft Article 6 proposed by the Praesidium proscribes all discrimination on grounds of nationality. It would be wise, in the opinion of the Commission, to ensure overall consistency when incorporating the various existing provisions on non-discrimination, such as Articles 12 and 13 of the EC Treaty and Article 21 of the Charter of Fundamental Rights.

The proscription of all discrimination, including that based on language or membership of a national minority, is a general principle of Community law, which the Commission must, in any event, observe in its initiatives in accordance with Article 6 of the Treaty on European Union. This general principle has been clearly highlighted by Article 21 of the Charter of Fundamental Rights.

The Commission agrees entirely with the Honourable Member about the need to give due place in its initiatives to preventing and combating discrimination based on language or membership of a national minority, and all the other cases listed in Article 21 of the Charter.

The Commission would point out that all legislative proposals and regulations to be adopted by the Commission are automatically checked for compatibility with the Charter at the drafting stage, as evidenced by the inclusion of a specific recital in any proposal directly relating to fundamental rights(1).

(1) Application of the Charter of Fundamental Rights of the European Union, Commission memorandum of 13 March 2001, SEC(2001) 380/3.