WRITTEN QUESTION No. 2353/98 by Claudio AZZOLINI , Guido PODESTÀ , Antonio TAJANI , Guido VICECONTE to the Commission. Restoration of justice and the rule of law in Italy
Date: 1998-07-27
Institutions: AZZOLINI, European Parliament, PODESTA, TAJANI, VICECONTE
Subjects: Italy, competence of the Member States, control of constitutionality, judicial power, jurisdiction, legal system, legality, magistrate, ordinary court of law, power of implementation

C 96/80

Official Journal of the European Communities

EN

8.4.1999

In autumn 1997 the European Union resumed the dialogue on human rights with China at experts level. A meeting
in October 1997 in Luxembourg and one in December 1997 in Beijing were followed by rounds of talks, firstly in
Beijing at the end of February 1998 (in the margins of a joint legal seminar on the protection of human rights and
the administration of justice) and then in London in May 1998. The next round is scheduled to take place in
Beijing at the end of October 1998, following a joint legal seminar on the death penalty and conditions of
detention and on the issue of minorities. This will be immediately followed by a one-week seminar on the
fundamental rights of women. The dialogue on human rights is being supplemented by specific cooperation
programmes to implement human rights related projects agreed between the Union and the Chinese authorities.

Before the start of this year(cid:146)s session of the Commission on Human Rights (CHR) the Council will evaluate the
human rights situation in China as well as the ongoing EU-China dialogue on human rights and the human rights
cooperation programme it agreed with China with a view to arriving at a joint EU position at the CHR.

(1999/C 96/112)

WRITTEN QUESTION E-2353/98

by Claudio Azzolini (PPE), Guido Podest(cid:224) (PPE), Antonio Tajani (PPE)
and Guido Viceconte (PPE) to the Commission

Subject: Restoration of justice and the rule of law in Italy

(27 July 1998)

In an interview given to the magazine (cid:145)America Oggi(cid:146), the Milanese Public Prosecutor, PierCamillo Davigo,
expressed serious doubts as to the political legitimacy of Mr Silvio Berlusconi(cid:146)s appointment at that time as
Italian Prime Minister. The views expressed by the Assistant Public Prosecutor of Milan give the impression that
the Milan Public Prosecutor(cid:146)s Office is a political counterweight, foreshadowing conflicts discrediting and
destabilizing the Establishment.

For some time now the European Parliament has been urging, by a large majority, the need to separate the various
judicial careers precisely in order to avoid incidents such as those revealed through the activities of some of the
Italian Public Prosecutor(cid:146)s Offices.

Can the Community Institutions rapidly take all the appropriate urgent measures within their powers necessary to
ensure that the rule of law is reestablished within the Italian judicial departments and to penalize and prevent the
continuation or repetition of the serious incidents mentioned above which are an infringement of the fundamental
rights and guarantees of European citizens and a clear sign that the criminal justice system is being used for
political purposes?

Answer given by Mrs Gradin on behalf of the Commission

(17 September 1998)

The question of the Honourable Member seems to suggest that the accustions by the Milan Public Prosecutor(cid:146)s
Office against Mr Berlusconi may upset the balance between the judiciary and the executive power in the Italian
Republic. This could be seen as an infringement of the traditional separation of powers which is inherent in the
constitutional system of Italy and the other Community Member States. In the present state of Community law the
maintenance of the separation of powers is a matter for each Member State. The European Union does not have
the power to interfere in the constitutional systems of its Member States, except to the extent necessary to uphold
the supremacy of Community law.

(1999/C 96/113)

WRITTEN QUESTION E-2354/98

by Claudio Azzolini (PPE), Guido Podest(cid:224) (PPE), Antonio Tajani (PPE)
and Guido Viceconte (PPE) to the Council

Subject: Restoration of justice and the rule of law in Italy

(28 July 1998)

In an interview given to the magazine (cid:145)America Oggi(cid:146), the Milanese Public Prosecutor, PierCamillo Davigo,
expressed serious doubts as to the political legitimacy of Mr Silvio Berlusconi(cid:146)s appointment at that time as