ABSTRACT: motion for a resolution on the accession of the Community to the European Convention on Human rights

The European Parliament, presented by Pannella to the European Parliament on 17 October 1985 ( doc. B2 1067/85)

The European Parliament

A. whereas for more than ten years the Community institutions and the European Council itself have felt the need to insert and enshrine in the Community's legal system an explicit reference to the protection and respect of individual rights and fundamental freedoms,a sphere clearly neglected in the Treaty of Rome,

B. whereas since 1973 the Council has repeatedly adopted positions on this matter, and notably in 1977 when it signed with the Commission and the European Parliament a joint declaration stating that the activities of the Community institutions were based on the respect and protection of individual rights,

C. aware of the need to provide for more appropriate and immediately effective instruments to consolidate the people's Europe and strengthen the process of Community integration,

D. whereas:

-on 19 February 1976 the Commission drew up a report examining the possibility of Community accession to the European Convention on Human Rights,

-the European Parliament adopted two resolutions,on the 16 November 1977 and 24 April 1979 respectively,in which it called officially for the accession of the European Communities to the European Convention and requested that a list of rights of Community citizens be drawn up,

-the Commission of the European Communities submitted to Parliament and the Council on 2 May 1979 a memorandum in favour of accession to the European Convention on Human Rights,

-on 11 April 1980 the Economic and Social Committee delivered a

favourable opinion on this document,

-on 29 October 1982 the European Parliament by an overwhelming majority fully supported the Commission's memorandum and called on the latter to submit to the Council a formal proposal of accession,expressing the wish that the rights listed in parts I

and II of the European Social Charter be expressly included in the Convention,

-apart from a series of meetings of the Committee of Permanent Representatives in 1983 on this subject the Council has failed to take any action in response to the requests by the European Parliament and Commission,

E. whereas all the Member States as well as the applicant states have already signed the Convention,

F. whereas:

-the decisions of the European Court of Justice constantly refer to the provisions of the European Convention to interpret Community law,

-the Community has suspended certain association agreements owing to serious and persistent violations by associated countries,namely Greece and Turkey, of the fundamental rights guaranteed by the Convention,

-increasingly frequently the Community institutions are adopting co-ordinated positions and decisions regarding respect of individual rights in third countries,

G. takes notice of the work of the ad hoc committee for a People's Europe,

1. Calls once more on the Commission to submit to the Council at the earliest opportunity a formal proposal for the accession of the Community to the European Convention on Human Rights;

2. Calls on the Council to undertake to act rapidly on this proposal;

3. Instructs its competent committee at the same time to draw up in collaboration with the Adonnino Committee a list of the specific rights of Community citizens with a view to incorporating them in the Community's legal system as part of efforts to consolidate the process of Community integration;

4. Instructs its President to forward this resolution to the Commission and the Council of the European Communities,the Council of Europe and the governments and parliaments of the

Member States and the applicant states.