WRITTEN QUESTION E-1484/00 by Paul Rübig (PPE-DE) to the Council. Competence of European Court of Justice in relation to Article 7 of the EU Treaty.
Date: 2000-05-12
Institutions: European Parliament, Provisional data
Subjects: Austria, Court of Justice of the European Union, intra-EU relations, powers of the institutions (EU), rule of law

C 72 E/64

Official Journal of the European Communities

EN

6.3.2001

In this regard the Commission notes that Germany, Austria and Italy are
be met by the railways.
committed to working together to improve north-south running rail freight services through the rail
freight freeways.

In addition, the consequences of a reduced number of ecopoints will, from 2001, be offset in part by the
increased possibilities for lorries to transit the Alps via Switzerland as a result of the coming into force of
the transport agreement with Switzerland.

The proposal for a Commission regulation was submitted to the management committee for road, rail and
combined transport in Austria on 31 May 2000. A vote was taken but there was not the necessary
majority in favour of the proposal for its adoption. Thus, in conformity with the rules of procedure laid
down in Article 16 of Protocol No 9, the proposal has been referred to the Council for consideration.

(1) OJ C 241, 29.8.1994.

(2001/C 72 E/075)

WRITTEN QUESTION E-1484/00

by Paul R(cid:252)big (PPE-DE) to the Council

(12 May 2000)

Subject: Competence of European Court of Justice in relation to Article 7 of the EU Treaty

Even although the current (cid:145)bilateral measures(cid:146) by Austria(cid:146)s 14 EU partner states in reaction to the accession
to power of the Austrian (cid:214)VP/FP(cid:214) (Austrian People(cid:146)s Party/Freedom Party of Austria) Federal Government
do not constitute a case to which Article 7 of the EU Treaty would apply, the provisions of Articles 6 and 7
of the EU Treaty nevertheless have a direct bearing on the legal and political debate on the admissibility
and fitness of purpose of those measures.

A comparison of the procedural provisions of Article 7 of the EU Treaty with the provisions governing the
exercise of powers laid down in Article 46 of the EU Treaty reveals that a decision resulting in a
determination by the Council pursuant to Article 7(1) of the EU Treaty is not subject to review by the
European Court of Justice. This means that any Member State against which any such determination is
made will, in particular, be denied the right to seek redress before the Court for a possible violation of its
right to a hearing as guaranteed by Article 7(1) of the EU Treaty.

How does the Council assess this situation, having regard to the principle of the rule of law enshrined in
Article 6(1) of the EU Treaty as one of the fundamental principles of the Union?

Does the Council see both a need and an opportunity to make good this deficiency of compliance with the
rule of law in the course of the current Inter-Governmental Conference on the amendment of the Treaties?

Reply

(18/19 September 2000)

The question put by the Honourable Member refers to a possible amendment of the Treaty on European
Union. It should be noted that the revision of the treaties falls within the competence of the Intergovern-
mental Conference, not of the Council.

As regards the Treaty establishing the European Community, the Council would draw the Honourable
Member(cid:146)s attention to Article 309.