WRITTEN QUESTION P-2457/02 by Maurizio Turco (NI) to the Commission. Clarification of the answer to Written Question P-2104/02 on Violations of the rule of law and democracy in Italy and Articles 6 and 7 of the TEU.
Date: 2002-08-26
Institutions: European Parliament, Provisional data
Subjects: Italy, Treaty on European Union, constitutional court, control of constitutionality, democracy, rule of law

14.8.2003

EN

Official Journal of the European Union

C 192 E/63

Another employers’ obligation established by the Directive is the need to adapt the work to the individual,
with a view, in particular, to alleviating monotonous work and to reducing their effect on health. This is
an issue of a great relevance for lone workers.

Therefore, the Commission does not intend to propose new legislation concerning the health and safety of
lone workers, as they are already covered by the existing health and safety directives.

(1) OJ L 183, 29.6.1989.

(2003/C 192 E/061)

WRITTEN QUESTION P-2457/02

by Maurizio Turco (NI) to the Commission

(26 August 2002)

Subject: Clarification of the answer to Written Question P-2104/02 on ‘Violations of the rule of law and

democracy in Italy and Articles 6 and 7 of the TEU’

The TEU stipulates that the Commission may propose to the Council that it ‘determine the existence of a
serious and persistent breach by a Member State of principles mentioned in Article 6(1)’ but does not, in
other words, oblige the Commission to do so.

The Italian Constitutional Court operated without the full complement of 15 members required by the
Constitution and was convened and handed down rulings with 13 members between 21 November 2000
and 24 April 2002, which undoubtedly amounts to a considerable time.

Politically legitimate though it may be, the agreement to which the Commission refers in its answer to
Written Question P-2104/02 (1) is plainly unconstitutional because, under a mandatory provision of the
Constitution, the Chamber of Deputies has to have 630 members, whereas the ‘agreement’ states that the
Chamber will consist of 617 members for the current parliamentary term.

The Commission:

(cid:1) Has it had the opportunity to discuss the Italian situation, especially in the light of the manifest and
prolonged violation of the Italian Constitution, as described above, with a view to deciding whether it
should propose that the Council ‘determine the existence of a serious and persistent breach by a
Member State of principles mentioned in Article 6(1)’? If so, what has made it decide not to propose
that the Council determine that the principles concerned have been breached? If not, does the
Commission believe that violations of the kind described fall outside the responsibilities conferred on
it for the purposes of the TEU;

(cid:1) How does it proceed in order to ascertain whether breaches have occurred, or can it answer the
question already put to it, namely ‘[does] it already [have] or is [it] considering acquiring any
instruments to monitor respect for the principles referred to in Article 6 of the Treaty on European
Union’?

(1) OJ C 28 E, 6.2.2003, p. 186.

Answer given by Mr Prodi on behalf of the Commission

(15 October 2002)

The Commission would refer the Honourable Member to its answer to written P-2104/02 (1)

(1) OJ C 28 E, 6.2.2003, p. 186.