'Special Rights and a Charter of the Rights of the Citizens of the European Community' and Related Documents

EUROPEAN PARLIAMENT Proceedings of the Round Table on 'Special rights and a charter of the rights of the citizens of the European Community' and related documents (Florence, 26 to 28 October 1978) Selected Documents Foreword by Emilio Colombo President of the European Parliament Introduction by John P. S. Taylor Director-General Secretariat Directorate-General for Research and Documentation September 1979 EUROPEAN PARLIAMENT PROCEEDINGS of the Round Table on Special rights and a charter of the rights of the citizens of the European Community and related documents Florence 26 to 28 October 1978 COMPILED BY THE EUROPEAN PARLIAMENT'S DIRECTORATE-GENERAL FOR RESEARCH AND DOCUMENTATION This publications is also available in the following languages: DA ISBN 92-823-0007-2 DE ISBN 92-823-0008-0 FR ISBN 92-823-0010-2 IT ISBN 92-823-0011-0 NL ISBN 92-823-0012-9 Cataloguing data can be found at the end of this volume ©Copyright European Parliament, Luxembourg, 1979 Printed in the FJ.!. of Germany Reproduction authorized, in whole or in part, provided the source is acknowledged ISBN 92-823-0009-9 Catalogue number: AX-28-79-423-EN-C CONTENTS Page Foreword by Mr Emilio Colombo, President of the European Parliament 5 Introduction by Mr J.P. S. Taylor, the European Parliament's Director-General of Research and Documentation 7 Round Table programme 9 List of participants 11 Summary report of the discussions 15 Report by Mr Scelba, chairman of the Round Table 53 Report by Mr Bayerl, rapporteur for the European Parliament's Legal Affairs Committee . 69 Report by Mr Scelba to the Bureau of the European Parliament on the progress of the Round Table . 75 Report by Mr Scelba to the European Parliament on the granting of special rights to the citizens of the European Community in implementation of the Paris Summit Conference of December 1974 (point 11 of the final communique) . 81 Verbatim report of the debate on Mr Scelba's report on the granting of special rights to the citizens of the European Community . 93 The European Parliament's resolution on the granting of special rights to the citizens of the European Community . 123 Motion for a resolution on the legal policy of the European Community 127 The European Parliament's Resolution on the legal policy of the European Community 129 Joint declaration by the European Parliament, the Council and the Commission of the Community on the protection of human rights . 131 Declaration on democracy issued by the European Council in Copenhagen on 8 April 1978 ............................. 133 3 FOREWORD The granting of special rights and the establishment of a European Community civil rights charter, which was the theme of the Round Table organized by the European Parliament in Florence, are closely linked to the implementation of the Community treaties and their further development to promote greater solidarity between the peoples of the Member States and to create a Community consciousness. The Community cannot and should not be merely a matter of inter-State cooperation or be lirt:J.ited to a simple customs union plus a few common policies. It should be based on a solid democratic and popular foundation which will enable it to respond more effectively to the aspirations of its people towards a higher level of social, civil and human progress in accordance with the objectives laid down in the preamble of the Treaty of Rome by its Founding Fathers. On the eve of the direct election of the Members of the European Parliament a historic event which will establish a Europe of the people alongside the Europe of the Member States, the Community must be seen by all as a free, democratic union founded on common consent and capable of mobilizing the will and enthusiasm of its people. In short, a Community of and for the citizens which everyone can recognize as his own and in whose further development he feels it a personal duty to take part. The European Parliament has repeatedly called for the bold decision.s that are needed for the citizens of the Community and pointed the way to the practical realization of European political union. The European Parliament's primary concern in organizing the Round Table was to make public opinion aware of the delays and hesitations which are thwarting the grand design of Community solidarity and democracy and, above all, to persuade the responsible authorities to expedite their efforts to achieve this goal. I am convinced that the results of the Round Table will encourage discussion and action at Community and national levels. As the embodiment and expression of the will of the people, both the present and the directly-elected European Parliament will spare no effort to remove in what I hope will be the not-too-distant future the discriminations and the disparities which are still to be found in the treatment of European citizens, thus giving our Community new and more effective forms of equality, social justice and freedom. Emilio COLOMBO President of the European Parliament 5 INTRODUCTION By John P. S. Taylor Director-General of Research and Documentation of the European Parliament Protection of fundamental human rights and the recognition of equal civil and political rights for the citizens of the Member States of the Community are two subjects on which the European Parliament's attention is focused. Tangible proof of this is afforded by the Round Table on special rights and the European Community's civil rights charter organized by the European Parliament at the European University Institution in Florence. The Directorate-General for Research and Documentation of the European Parliament, which played a major role in the organization and conduct of the Round Table, is happy to publish this collection of its most important acts and documents. It hopes thus to make a useful contribution to the action which the European Parliament has initiated and will further pursue with the aim of guaranteeing to all citizens of the Community full equality of rights and greater participation in the Community's decision-making process. 7 PROGRAMME European University Institute Badia Fiesolana San Domenico di Fiesole Via dei Roccettini SPECIAL RIGHTS AND CHARTER OF CIVIL RIGHTS OF THE EUROPEAN COMMUNITY ROUNDTABLE Florence 26 to 28 October 1978 Agenda Thursday, 26 October 1978 3 p.m. Opening of Round Table under the chairmanship of Mr Mario Scelba Speeches of welcome by Mr Kohnstamm, President of the European Institute Mr E. Colombo, President of the European Parliament Introduction by Mr Scelba, rapporteur for the Political Affairs Committee of the European Parliament 9 Introduction by Mr Bayerl, rapporteur for the Legal Affairs Committee of the European Parliament Possibly statements by: a) the Council of Ministers b) the Commission c) the Court of Justice of the European Communities Friday, 27 October 1978 9.30 a.m. General debate I p.m. Lunch and press conference 3.30 p.m. Continuation of debate Saturday, 28 October 1978 9.30 a.m. Continuation of debate Speeches by Mr Bayerl and by the chairman Mr Scelba 12.30 p.m. End of Round Table 10 LIST OF PARTICIPANTS European Parliament Mr Emilio COLOMBO, President of the European Parliament Mr Mario SCELBA, chairman of the Round Table and rapporteur for the Political Affairs Committee Mr Alfons BA YERL, rapporteur for the Legal Affairs Committee Mr Ruairi BRUGHA, Member of the European Parliament Mr Rudolf LUSTER, Member of the European Parliament Mr Aldo MASULLO, Member of the European Parliament Mr Hellmut SIEGLERSCHMIDT, Member of the European Parliament Local Authorities Mr Davis OTTA TI, representing the Mayor of Florence European University Institute Mr Max KOHNSTAMM, President of the European University Institute Institutions of the European Communities Council of Ministers Mr Klaus von DOHNANYI, President-in-Office of the Council Mr Kai BAHLMANN, Head of Division, Federal Ministry of Justice Mr Giacinto de THOMASIS, Director-General at the Council Mr Martin SEIDEL, Head of Section, Federal Ministry of Economic Affairs Mr Antonio SACCHETTINI, legal adviser Mr Yves QUINTIN, Principal administrator, institutional affairs Mr SCHMIDT, Embassy councillor Commission Mr Etienne DAVIGNON, Member of the Commission Mr Claus-Dieter EHLERMANN, Director-General of the Legal Service 11 Mr Ivo SCHWARTZ, Director Mr Paul LELEUX, legal adviser Mr Peter KARPENSTEIN, Legal Service Parliaments of the Member States Germany Bundestag Mr Eduard LINTNER Mr Friedrich Wilhelm HOLSTER Belgium Senate Mr Willy CALEWAERT Mr Marcel STORME France Senate Mr Leon JOZEAU-MARIGNE Ireland Seanad Mr Bernard McGLINCHEY Mr Pierce BUTLER Dail Mr Jim O'KEEFE Mr Ciaran MURPHY Italy Senate Mrs Tullia CARETTONI ROMAGNOLI Mr Guido GONELLA Mr Umberto CARDIA Luxembourg Chamber of Deputies Mrs Marthe THYES-WALCH Mr Jean WOLTER. The Netherlands Eerste Kamer Mr J. F. G. SCHLINGEMANN Mr C. Th. A. VAN W ATERSCHOOT Tweede Kamer Mrs V. N. M. KORTE-VAN HEMEL Mr H. ROETHOF Council of Europe Parliamentary Assembly Mr William CRAIG, MP Mr Guido DEMARCO Mr Auguste PLATE, secretary ofthe Legal Affairs Committee Secretariat Mr H. GOLSONG, Director 12 Professors Name: University: Mr Antonio CASSESE University of Florence Faculty of Political Science Mr Luigi CONDORELLI University of Florence Institute of Public Law Mr Giogio GAJA University of Florence Institute of Public Law Mr Jacques GEORGEL European University Institute, Department of Political and Social Sciences Mr Klaus HOPT European University Institute, Department of Law Mr John MITCHELL University of Edinburgh The Centre of European Governmental

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