WRITTEN QUESTION No. 442/96 by Hans-Gert POETTERING to the Commission. Adjustment of national laws of association to accord with European law
Date: 1996-02-29
Institutions: European Parliament, POETTERING
Subjects: EU law, European convention, approximation of laws, association, intra-EU relations, legal capacity, legal status, non-governmental organisation, proposal (EU)













EUR-Lex - 91996E0442 - EN






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91996E0442

WRITTEN QUESTION No. 442/96 by Hans-Gert POETTERING to the Commission. Adjustment of national laws of association to accord with European law  


Official Journal C 280 , 25/09/1996 P. 0031 





WRITTEN QUESTION E-0442/96 by Hans-Gert Poettering (PPE) to the Commission (29 February 1996)Subject: Adjustment of national laws of association to accord with European lawThere have recently been growing numbers of complaints from European umbrella organizations representing the most widely varied association organizations that have applied to be placed on the appropriate register of associations in the Member States of the European Union and have had their applications turned down by the courts holding jurisdiction. Why? Because only in the most exceptional cases - and how could it be otherwise? - do European articles of association concur with the requirements of the national law of association concerned. Legal capacity is consequently refused.1. Is the Commission aware of these problems?2. What steps will the Commission take to rectify this situation, which denies legal capacity to European associations in the Member States?3. Would it be possible, pending definitive adjustment of national laws of association to accord with European law, for an interim solution to be created by means of a regulation?Answer given by Mr Papoutsis on behalf of the Commission (15 March 1996)1. The Commission is aware of the problems encountered by associations when they try to develop transnational activities, particularly since if their legal personality is not recognised they are obliged to acquire a new legal personality in the Member State in which they wish to become established or carry out their activity, and this entails setting up a new association.2. It is for this reason that in December 1991 the Commission adopted a proposal for a Council Regulation on the statute for a European association ((OJ C 99 of 21.4.1992. )). This optional statute will enable associations which so desire to have a legal personality at Community level. Registration in one Member State will be sufficient for them to enjoy legal capacity in all the Member States. The European Parliament and the Economic and Social Committee gave their opinions on 20 January 1993 and 26 May 1992 respectively. The amended proposal ((OJ C 236 of 31.8.1993. )) for this statute was submitted to the Council on 6 July 1993 and is currently being considered.3. Pending the adoption of the regulation on the statute for a European association, no interim solutions can be envisaged. There is, nevertheless, a European convention on the recognition of the legal personality of non-governmental international organisations, which was agreed within the Council of Europe and entered into force in 1991, but it is not in operation throughout the Community ((The only countries to ratify the convention to date are Belgium, Greece, Portugal, the United Kingdom, Austria, Switzerland and Slovenia. )).