WRITTEN QUESTION No. 2380/98 by Ernesto CACCAVALE to the Commission. Flagrant infringements caused by arbitrary extension of the preliminary investigation period
Date: 1998-07-27
Institutions: CACCAVALE, European Parliament
Subjects: Italy, fundamental rights, human rights, infringement of EU law, judicial inquiry, judicial proceedings, legal action, limitation of legal proceedings, right of action

22.2.1999

EN

Official Journal of the European Communities

C 50/145

(1999/C 50/218)

WRITTEN QUESTION E-2380/98

by Ernesto Caccavale (UPE) to the Commission

(27 July 1998)

Subject: Flagrant infringements caused by arbitrary extension of the preliminary investigation period

Serious irregularities have emerged involving an arbitrary method of calculating the duration of the period of the
preliminary investigations by the Public Prosecutor(cid:146)s Office during the preliminary investigations in proceedings
before the Public Prosecutor of Avellino (Italy) to ascertain the causes of the death of Mrs Enrica Romano. These
infringements took the form of repeated requests for the case to be closed (up to Number 71 of the annex) which
ultimately led to the loss of a period of time which could have been usefully occupied in further investigations.

The exercise of this discretionary power has therefore caused unfair and unacceptable harm to the injured parties.
The undue length of the proceedings has actually infringed their fundamental right of defence enshrined in
international treaties, and in the constitutions and constitutional case-law of all the Member States.

In addition, this must be deemed to be a direct breach of Article 6 of the European Convention on Human Rights,
pursuant to which a hearing must be held within a reasonable time. The time-limits arising from the right of action
for the defence should never preclude or prevent effective protection of the injured parties.

Can the Commission therefore state how it intends to investigate the above-mentioned infringements of the

1.
right to a hearing within a reasonable time?

2.
Can it indicate the measures which it intends to adopt to prevent public prosecutors from arbitrarily using
purely discretionary powers in the conduct of criminal proceedings which then lead to unacceptable infringe-
ments of fundamental human rights?

Answer given by Mr van den Broek on behalf of the Commission

(14 September 1998)

The Commission is committed to defending human rights throughout the world. However, the Treaties do not
give the EU any general powers to uphold fundamental rights. It only has the power to apply Community law,
which is based on respect for fundamental rights.

With regard to the matter raised by the Honourable Member, the Commission would point out that respect for
human rights and fundamental freedoms is largely guaranteed in the Member States, both nationally, via
domestic courts, and internationally, via machinery set up by the Council of Europe(cid:146)s Convention for the
Protection of Human Rights and Fundamental Freedoms.

(1999/C 50/219)

WRITTEN QUESTION E-2419/98

by Anita Pollack (PSE) to the Commission

(27 July 1998)

Subject: EU funds London

Will the Commission please itemise all EU funding received in London since July 1994, including structural,
social, LIFE, research and other assorted Community initiative funds, their destination, amounts, and a brief
description of the projects?

Answer given by Mr Santer on behalf of the Commission

(4 August 1998)

The Commission is collecting the information it needs to answer the question. It will communicate its findings as
soon as possible.