Doc. 9341

31 January. 2002

Accession of the European Union to the European Convention on Human Rights

Motion for a resolution

presented by Mr Claudio Azzolini and others

The Assembly,

Considering the memorandum adopted by the European Commission on 4 April 1979 on the accession of the European Communities to the European Convention for the Protection of Human Rights and Fundamental Freedoms;

Considering the decision taken by the Heads of State and Government to set up a body to draft the future European constitution, a body which is to start work on 1 March 2002;

Considering that the formal integration into the Community Treaties of the European Union’s Charter of Fundamental Rights - a step which would make it operative - might lead the Luxembourg Court of Justice to develop case-law conflicting both with that of the European Court of Human Rights, where the civil rights of European citizens are concerned, and with that of the bodies which supervise the European Social Charter, where European citizens’ socio-economic rights are concerned,

Asks whether it is possible to carry out, in the near future, a study which would not only examine the legal feasibility of possible accession by the European Union to the European Convention on Human Rights, but also, and above all, define the legal provisions which would avoid possible and dangerous overlapping of the powers and activities of the two Courts, which would undermine the credibility and authority of the whole European legal architecture.

Signed (see overleaf)

Signed : ¹

Azzolini, Italy, EPP/CD

Bársony, Hungary, SOC

Blaauw, Netherlands, LDR

Davis, United Kingdom, SOC

Durrieu, France, SOC

Elo, Finland, SOC

Lotz K., Hungary, LDR

Martínez Casañ, Spain, EPP/CD

Mauro, Italy, EPP/CD

Provera, Italy, LDR

Scherini, Italy, EPP/CD

Schreiner, France, EDG

Tirelli, Italy, LDR

Toshev, Bulgaria, EPP/CD

van der Linden, Netherlands, EPP/CD

Von der Esch, Sweden, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group