WRITTEN QUESTION E-0744/00 by Daniela Raschhofer (NI) to the Commission. Support for South Tyrolese citizens sentenced by Italian courts in breach of the provisions of the European Human Rights Convention.
Date: 2000-03-13
Institutions: European Parliament, Provisional data
Subjects: Austria, EU competence, European Commission, European Union membership, Italy, appeal to the Court (EU), human rights, national minority

C 46 E/36

Official Journal of the European Communities

EN

13.2.2001

As Community law stands, it is the responsibility of the authorities of the Member States to ensure
2.
that providers of local government services comply with the environmental provisions of Community law.
The Commission itself is competent to check whether the national authorities have performed this control
function correctly. However, as guardian of the Treaties, the Commission has no power to act when the
environmental standards in question are not covered by Community directives.

3.
Article 8(3) of Directive 96/92/EC of the Parliament and of the Council of 19 December 1996
concerning common rules for the internal market in electricity (2) provides one explicit mechanism for the
favourable treatment of electricity from renewable energy sources and combined heat and power (CHP):

A Member State may require the system operator, when dispatching generating installations, to give
priority to generating installations using renewable energy sources or waste or producing combined
heat and power.

It should be noted, however, that the Directive limits itself to favourable dispatching. It does not cover
schemes providing direct or indirect support for renewable energy sources.

In principle it is up to the Member State to decide on a particular support system for renewables or CHP,
provided that it is compatible with the rules of the EC Treaty, in particular the rules on state aid as set out
in Articles 87-88 (ex Articles 92-93).

A large number of different national support schemes exist, including guaranteed purchase obligation at a
guaranteed price (often on an avoided cost basis, or on the basis of a regulatory-based calculation of the
level of support required to generate the desired level of renewable electricity production); tax exemptions,
in particular from energy and CO2 taxes, but equally from non-energy taxes; support scheme per kWh
produced; and other support schemes including support for research and development or for capital
investment.

(1) OJ L 209, 24.7.1992.
(2) OJ L 27, 30.1.1997.

(2001/C 46 E/040)

WRITTEN QUESTION E-0744/00

by Daniela Raschhofer (NI) to the Commission

(13 March 2000)

Subject: Support for South Tyrolese citizens sentenced by Italian courts in breach of the provisions of the

European Human Rights Convention

In the 1960s South Tyrolese citizens were sentenced in Italy to terms of life imprisonment, some of which
are still being served. This is particularly true today of those who were sentenced in absentia by Italian
courts to life imprisonment for alleged crimes of violence. Detailed investigations and legal proceedings in
Austria (cid:129) with the Italian side also in attendance (cid:129) established beyond doubt, however, that in each
individual case the accusation of crimes of violence was unfounded. In the light of numerous findings by
federal courts (Federal Constitutional Court, Federal Supreme Court) and by the
Germany(cid:146)s highest
Administrative Court of the Republic of Austria, these trials of South Tyrolese citizens in Italian courts
infringed the European Human Rights Convention.

I would therefore ask the Commission the following questions:

1. What measures does it plan to take to ensure that Italy quashes the sentences handed down in breach

of human rights on South Tyrolese activists in the 1960s?

2.

Is it prepared, where necessary, to refer this issue to the European Court of Justice for a ruling?

13.2.2001

EN

Official Journal of the European Communities

C 46 E/37

Answer given by Mr Vitorino on behalf of the Commission

(12 May 2000)

Article 6(1) (formerly Article F) of the Treaty on European Union states that (cid:145)the Union is founded on
1.
the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of
law, principles which are common to the Member States(cid:146).

Article 6(2) stipulates that (cid:145)the Union shall respect fundamental rights, as guaranteed by the European
Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on
4 November 1950 and as they result from the constitutional traditions common to the Member States,
as general principles of Community law(cid:146).

It should be emphasised that these provisions relate to the Union but not to the Member States taken
individually. According to Article 7 of the Treaty on European Union, it is only in the event of a (cid:145)serious
and persistent breach by a Member State of principles mentioned in Article 6(1)(cid:146) that action may be taken.

In the absence of a breach of Community law, the Commission cannot take other legal measures on the
basis of Article 226 (formerly Article 169) of the Treaty establishing the European Community. No breach
of Community law has occurred, however.

Neither the Treaty on European Union nor the Treaty establishing the European Community confer
2.
on the Commission the power to refer to the Court of Justice cases of violations of human rights
perpetrated by the Member States where such violations are not in any way connected to the application
of Union law.

If the persons concerned feel that Italy violated the rights guaranteed by the European Convention on
Human Rights, a recommendation should be made to those persons to bring an action before the Court of
Human Rights in Strasbourg, on the basis of Article 34 of the Convention. However, it should be noted
here that Article 35(1) of the Convention sets a time limit of six months.

(2001/C 46 E/041)

WRITTEN QUESTION E-0745/00

by Glenys Kinnock (PSE) to the Commission

(13 March 2000)

Subject: EU health, Aids and population policies

Would the Commission clarify what the status of the EC document (cid:145)Health, Aids and Population (HAP)
policies(cid:146) is? Is it the case that it was well received by Member States? Is it the case that it has not had due
consideration at management level
in the Commission? Would the Commission make the document
available for consideration by the Parliament?

(2001/C 46 E/042)

WRITTEN QUESTION E-0746/00

by Glenys Kinnock (PSE) to the Commission

(13 March 2000)

Subject: EU health, Aids and population policies

Does the Commission have any intention to increase staff managing the (now merged) Aids and
population budget lines?