WRITTEN QUESTION E-1424/00 by Charles Tannock (PPE-DE) to the Commission. Incorporation of the European Convention for the Protection of Human Rights and Fundamental Freedoms into the Consolidated Version of the Treaty on European Union.
Date: 2000-05-05
Institutions: European Parliament, Provisional data
Subjects: EU law, fundamental rights, interpretation of the law

C 72 E/56

Official Journal of the European Communities

EN

6.3.2001

In the course of the discharge procedure, the Commission has already reported to the rapporteur for the
discharge for Parliament(cid:146)s Committee on Budgetary Control on the situation regarding the Leonardo
programme and on the monitoring of activities and rules relating to scientific visitors. The Commission
has also transmitted all the reports drawn up by its departments on the matter to the Committee on
Budgetary Control.

(2001/C 72 E/063)

WRITTEN QUESTION E-1424/00

by Charles Tannock (PPE-DE) to the Commission

(5 May 2000)

Subject: Incorporation of the European Convention for the Protection of Human Rights and Fundamental

Freedoms into the Consolidated Version of the Treaty on European Union

Does the Commission accept that the wording of Article 6(2) of the Consolidated Version of the Treaty on
European Union which states 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) constitutes an incorporation of the aforementioned European
Convention into the Consolidated Treaty on European Union?

Answer given by Mr Vitorino on behalf of the Commission

(13 July 2000)

Article 6(2) of the Treaty on European Union to which the Honourable Member refers, requires that
fundamental rights be respected as general principles of Community law. The Commission feels that this
provision, which raises previous decisions by the Court of Justice to primary law status, does not have the
effect of incorporating the European Convention for the Protection of Human Rights and Fundamental
Freedoms into the consolidated version of the Treaty. The same goes for fundamental rights resulting from
common constitutional traditions to which Article 6 also refers.

The Commission would point out that the draft Charter of Fundamental Rights of the European Union
which is now being drafted will, in accordance with the mandate given by the Cologne European Council,
contain the rights to freedom and equality as well as procedural rights guaranteed by the European
Convention.

(2001/C 72 E/064)

WRITTEN QUESTION E-1425/00

by Charles Tannock (PPE-DE) to the Commission

(5 May 2000)

Subject: Treaty violations

Would the Commission accept that to deprive a European Union citizen of the right to enter freely his or
her own country of origin when that country is an EU Member State would constitute a prima facie
violation of the European Convention for the Protection of Human Rights and, therefore, of Article 6 of
the Consolidated Version of the Treaty on European Union?