WRITTEN QUESTION E-1378/02 by Francisca Sauquillo Pérez del Arco (PSE) to the Commission. Power-sharing dialogue in the Democratic Republic of Congo.
Date: 2002-05-14
Institutions: European Parliament, Provisional data
Subjects: Democratic Republic of the Congo, cooperation agreement, establishment of peace, political cooperation

6.2.2003

EN

Official Journal of the European Union

C 28 E/101

Answer given by Mr Verheugen on behalf of the Commission

(27 June 2002)

The Romanian constitution explicitly provides for freedom of association. Under this provision, political
parties, including regionally based parties, should be able to exist. However, the constitution does prohibit
organisations whose goals and activities are against the principles of the state (including the sovereignty
and integrity of Romania).

The Commission is aware of the specific case of the ‘Pro-Transylvania’ Foundation whose articles of
establishment were found, after several hearings in Romanian courts of Justice, to be unconstitutional. The
legal arguments related to the case are complex and involve an assessment of whether the provisions of
the Romanian constitution, as they have been interpreted in this case, constitute an unjustified prohibition
on the freedom of association. Since Romania is a party to the European Convention on Human Rights,
and considering that the domestic ways of redress have been exhausted, the appropriate body to assess
such a case is the European Court of Human Rights.

The criteria for accession to the Union, as set out at the 1993 Copenhagen meeting of the European
Council, make explicit reference to the need for ‘stability of institutions guaranteeing democracy, the rule
of law, human rights and respect for and protection of minorities’. The right to free association is covered
by this criterion and the Commission is fully committed to ensuring that this condition for accession is
respected. It will not hesitate to take up any relevant cases in its regular reports on candidate countries’
progress towards accession and in its bilateral relations with them.

(2003/C 28 E/112)

WRITTEN QUESTION E-1378/02

by Francisca Sauquillo Pérez del Arco (PSE) to the Commission

Subject: Power-sharing dialogue in the Democratic Republic of Congo

(14 May 2002)

The closure on 19 April 2002 of the power-sharing dialogue in the Democratic Republic of Congo (DRC)
without a global agreement having been signed by all parties has left the national peace and reconciliation
process in suspense. A number of EU Member States have called on the representatives of the opposition
groups UDPS, PALU and FONUS to give their assent to the agreement signed by the DRC government, the
MLC led by Mr Bemba and other groups participating in the dialogue.

Has the Commission taken a position on this partial agreement?

Does the Commission intend to take action to encourage the launching of a further stage in the official
power-sharing dialogue in the Democratic Republic of Congo?

Answer given by Mr Nielson on behalf of the Commission

(24 June 2002)

The position of the Commission on the partial agreement reached in Sun City is reflected in the
Declaration issued by the Presidency on behalf of the Union on 30 April 2002.

The Commission fully supports the implementation of the Lusaka Agreement and has contributed to
funding the operational costs of the facilitation office as well as of the Intercongolese Dialogue.

The Commission strongly supports the reaching of an inclusive agreement and encourages all the parties
to continue the negotiations. The Commission strongly supports the ongoing initiatives of United Nations
Security Council.