WRITTEN QUESTION E-0690/01 by Nelly Maes (Verts/ALE) to the Commission. Regional autonomy in Romania.
Date: 2001-03-08
Institutions: European Parliament, Provisional data
Subjects: Romania, autonomy, local government, regional policy

4.12.2001

EN

Official Journal of the European Communities

C 340 E/69

(2001/C 340 E/080)

WRITTEN QUESTION E-0690/01

by Nelly Maes (Verts/ALE) to the Commission

(8 March 2001)

Subject: Regional autonomy in Romania

The supreme court of Romania has ruled that (cid:145)Pro-Transilvania(cid:146) is an illegal organisation. The Romanian
government(cid:146)s case is that organisations seeking autonomy are a threat to the integrity of the state.

It is clearly not within the sphere of competence of the Commission to contest this judicial interpretation
of the Romanian constitution.

The fact is, however, that Romania (cid:129) as a member of the Council of Europe (cid:129) signed the European
Charter of Regional Autonomy in 1994 and ratified it in 1998 (with the law entering into force on 1 May
1998).

What is the Commission(cid:146)s interpretation of the fact that an international charter of regional autonomy,
signed by a particular country, constitutes a legal argument in that country for persecution on the grounds
that it is a threat to national integrity?

In the context of Romania(cid:146)s accession to the Union, will the Commission demand an explanation of this
obvious legal contradiction from Romania?

If not, will the Commission give other Member States a free hand to limit freedoms laid down in their
constitutions (whether or not on grounds of a threat to national and territorial integrity)?

Answer given by Mr Verheugen on behalf of the Commission

(3 May 2001)

The Commission notes that the Charter to which the Honourable Member refers concerns (cid:145)local self-
government(cid:146) and not (cid:145)regional self-government(cid:146). As stated in the answer to her Written Question E-3957/
00 (1), the Commission(cid:146)s understanding is that it is the call for (cid:145)regional autonomy(cid:146) that formed the basis of
the Romanian Court of Appeal(cid:146)s decision that Pro-Transylvania(cid:146)s articles of establishment are uncon-
stitutional. The principle of local autonomy is enshrined in the Romanian Constitution (Article 119).

Article 4 of the Council of Europe Charter on Local Self-Government sets out the scope of local self-
government (as defined by the Charter) and in its first paragraph notes that (cid:145)the basic powers and
responsibilities of local authorities shall be prescribed by the Constitution or by Statute.(cid:146) While the Council
of Europe remains the appropriate institution to interpret the provisions of this charter, the Commission(cid:146)s
understanding is that this provision confirms that it is appropriate for the Romanian Constitution to
determine the competences of local government.

The Commission also notes that this Charter is not covered by the acquis communautaire and that it has
therefore, no relation to the accession
not been ratified by all Member States. The Charter has,
negotiations.

(1) See page 7.

(2001/C 340 E/081)

WRITTEN QUESTION E-0691/01

by Alexandros Alavanos (GUE/NGL) to the Council

(14 March 2001)

Subject: Situation in the Congo

The new President of the Congo, Joseph Kabila (son of the assassinated President), recently paid a visit to
UN headquarters in New York to assure his officials of his concern to pursue peace and cooperation.
However,
following his first meeting with the President of Rwanda, Paul Kagame, he accused both
Rwanda and Uganda of conducting marauding incursions into his country.