WRITTEN QUESTION P-3825/00 by Avril Doyle (PPE-DE) to the Commission. EU Fundamental Charter of Human Rights.
Date: 2000-11-29
Institutions: European Parliament, Provisional data
Subjects: charter on human rights, economic development, social impact

6.6.2001

EN

Official Journal of the European Communities

C 163 E/215

Answer given by Mr Vitorino on behalf of the Commission

(8 January 2001)

The Commission informs the Honourable Member that the control of the implementation of the Hague
Convention falls outside its competencies.

The Hague Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in
respect of parental responsibility and measures for the protection of children of 19 October 1996, is no
the Community but an international Convention. The Commission has therefore no
instrument of
competence to control its implementation.

(2001/C 163 E/251)

WRITTEN QUESTION P-3825/00

by Avril Doyle (PPE-DE) to the Commission

(29 November 2000)

Subject: EU Fundamental Charter of Human Rights

Many commentators on the Charter on Fundmental Rights pointed out during the Convention process that
the budgetary implications arising from its adoption, the allocation of costs for implementing the Charter
at EU, Member State and social partner level, and the wider impact on European business competitiveness
have not been assessed by either EU institutions or by national parliaments.

Is there not a Treaty obligation on the Commission (Protocol 7 to the Amsterdam Treaty on the
application of the principles of subsidiarity and proportionality) to conduct a qualitative and quantitative
mpact assessment of the social and economic provisions of the Charter of Fundmental Rights?

Does the Commission agree that an impact assessment is required on on the basis of the Lisbon Summit
conclusions on compliance cost burdens?

Will the Commission undertake to carry out and publish such a study?

Answer given by Mr Vitorino on behalf of the Commission

(1 February 2001)

The Commission would point out that the obligations imposed on it by Protocol 7 on the application of
the principles of subsidiarity and proportionality (to which the Honourable Member refers), and in
particular by paragraphs 4 and 9 of the said Protocol, apply solely to its proposals for legislation. The
Charter of Fundamental Rights, which was drawn up in accordance with a special procedure at the
European Council(cid:146)s request and which is eventually to form part of the Union(cid:146)s primary legislation, does
not fall into that category.

As regards the substantive issue, the Commission is convinced that the visibility which the Charter confers
on fundamental rights, far from being an obstacle to the Union(cid:146)s economic development, is in fact entirely
favourable to such development, in line with the conclusions of the Lisbon European Council to which the
Honourable Member refers.

This approach was reaffirmed by the Nice European Council, which approved the European Social Agenda
for the next five years. According to the conclusions reached at Nice, this Agenda is an important step
towards reinforcing and modernising the European social model, a key feature of which is the indissoluble
link between economic performance and social progress.

In view of the foregoing, the Commission does not consider it necessary to carry out the study suggested
by the Honourable Member into the cost of compliance with the proposed legislation.