WRITTEN QUESTION E-0745/00 by Glenys Kinnock (PSE) to the Commission. EU health, Aids and population policies.
13. 2. 2001 EN Official Journal of the European Communities C 46 E/37 Answer given by Mr Vitorino on behalf of the Commission (12 May 2000) Article 6(1) (formerly Article F) of the Treaty on European Union states that áthe Union is founded on 1. the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member Statesí. Article 6(2) stipulates that áthe Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community lawí. It should be emphasised that these provisions relate to the Union but not to the Member States taken individually. According to Article 7 of the Treaty on European Union, it is only in the event of a áserious and persistent breach by a Member State of principles mentioned in Article 6(1)í that action may be taken. In the absence of a breach of Community law, the Commission cannot take other legal measures on the basis of Article 226 (formerly Article 169) of the Treaty establishing the European Community. No breach of Community law has occurred, however. Neither the Treaty on European Union nor the Treaty establishing the European Community confer 2. on the Commission the power to refer to the Court of Justice cases of violations of human rights perpetrated by the Member States where such violations are not in any way connected to the application of Union law. If the persons concerned feel that Italy violated the rights guaranteed by the European Convention on Human Rights, a recommendation should be made to those persons to bring an action before the Court of Human Rights in Strasbourg, on the basis of Article 34 of the Convention. However, it should be noted here that Article 35(1) of the Convention sets a time limit of six months. (2001/C 46 E/041) WRITTEN QUESTION E-0745/00 by Glenys Kinnock (PSE) to the Commission (13 March 2000) Subject: EU health, Aids and population policies Would the Commission clarify what the status of the EC document Health, Aids and Population (HAP) policiesí is? Is it the case that it was well received by Member States? Is it the case that it has not had due consideration at management level in the Commission? Would the Commission make the document available for consideration by the Parliament? (2001/C 46 E/042) WRITTEN QUESTION E-0746/00 by Glenys Kinnock (PSE) to the Commission (13 March 2000) Subject: EU health, Aids and population policies Does the Commission have any intention to increase staff managing the (now merged) Aids and population budget lines?