Newsgroup: it.politica.polo
Titolo: L'Unione Europea di Prodi e' fuorilegge

Electronic Telegraph
ISSUE 1713
Wednesday February 2, 2000
International News
                         Threats put Brussels on wrong side of
                         law
                         By Ambrose Evans-Pritchard in Brussels
                        THE European Commission was in turmoil yesterday as criticism mounted
                         over the European Union's threats against Austria.
                         Officials were forced to admit that there was no
                         legal basis under EU law to exclude the far-Right
                         Freedom Party of Jörg Haider from the coalition
                         government in Vienna.
                         Having repeatedly said that it would not be
                         appropriate "to meddle in the internal affairs of a
                         member state", the commission is scrambling to
                         find a policy that reconciles the demands of the
                         EU's 14 other member governments - which acted
                         on their own initiative under the prodding of
                         President Chirac - with the limitations of EU law.
                         A commission official said: "We're not seeking to influence the formation of
                         the Austrian government. These policies are designed to shape the
                         programme of the government once it is in power. Then every dot and comma
                         will be scrutinised to see whether its actions are consistent with treaties."
                         Romano Prodi, the commission president, emerged briefly after an emergency
                         meeting yesterday to say - in English, French and Italian - that there was no
                         difference of opinion between Brussels and the member states. He went on to
                         say that the commission was "maintaining its working relations with the
                         Austrian authorities".
                         Mr Prodi is having to walk a tightrope. Any suggestion that the Austrian crisis
                         is disrupting EU business risks sending the euro further down as investors
                         increasingly doubt the political underpinnings of monetary union. It fell to
                         $0.9665 at one stage yesterday.
                         The Amsterdam Treaty permits the EU to suspend the voting rights of any
                         member state in "serious and persistent breach" of human rights, fundamental
                         freedoms and the rule of law. It does not authorise pre-emptive measures to
                         stop the formation of a government that might violate these principles.
                         Ricardo Levi, Mr Prodi's spokesman, said: "Nobody is saying that Austria is
                         a fascist country. "No one can point to any breach of fundamental rights in
                         Austria, and no one can say that the elections in Austria have been anything
                         but democratic."
                         Officials acknowledged that the threat of political sanctions against Austria,
                         which was conveyed by the Portuguese presidency of the EU as if it were a
                         decision by the Council of Ministers, has no constitutional standing. 
                         "This was not a council decision," said Mr Levi, meaning that it was merely a
                         collective act by like-minded governments acting outside the institutional
                         structure of the EU, and, as such, did not give the commission the authority to
                         act. As the executive arm of the EU, "guardian of the treaties of European
                         Union", it can respond only when a violation is brought to its attention.
                         Political figures across the ideological spectrum have questioned the
                         unprecedented threats against Austria, saying that they are an over-reaction
                         serving only to radicalise the far Right and carelessly setting the precedent that
                         the EU member governments are subject to the approval of Brussels.
                         Karl Lamers, foreign policy spokesman for the German Christian Democratic
                         Union, said: "It plays into the hands of Jörg Haider. A role in government
                         would offer the chance to break his spell as a Right-wing populist and a media
                         phenomenon."
                         The move by the EU's majority of socialist governments to try to stop a
                         Right-wing party with 28 per cent of the popular vote from participating in
                         office has profound implications.
                         Timothy Kirkhope, the Tory chief whip in the European Parliament, said: "A
                         lot of European governments have coalitions with unsavoury types.
                         Proportional representation causes it to happen. But it doesn't mean that the
                         EU can overrule the right of democratic choice. I don't like fascists, but I
                         don't like communists either, and there are communists in the Italian
                         government. What are we going to do about that?"
                         © Copyright of Telegraph Group Limited 2000

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