Austria crisis boosts case for binding ‘bill of rights’

Date: 09/03/2000

By Gareth Harding

GOVERNMENTS' opposition to incorporating an EU charter of fundamental rights in the Union's treaty appears to be softening in the wake of the far-right's entry into power in Austria.

Diplomats say the failure of member states' attempts to prevent the Freedom Party from joining Austria's new coalition government has underlined the case for a binding charter setting out the principles upon which the EU is based.

MEPs also believe the Austrian conundrum has added weight to their argument for the proposed 'bill of rights' to be tacked on to the Union treaty when it is revised later this year.

The author of the European Parliament's report, UK Liberal Democrat Andrew Duff, says the decision by 14 governments to break off normal relations with Vienna was made in a "constitutional vacuum" and that if a fundamental rights regime was installed at the core of the treaty, it would "strengthen the sinews of democracy".

EU leaders agreed last year that the charter would be no more than a "solemn declaration" of principles. But Germany, Italy, Portugal and the Benelux countries, along with the European Commission and Parliament, are now said to be in favour of a binding charter. Members of the convention set up to draft the document also report that countries such as the UK and Finland are now less vehemently opposed to incorporating it into the treaty.

Tortuous discussions have now begun on the content of the charter after a set of draft articles were circulated earlier this month at the last meeting of the convention, which is made up of MEPs, government envoys and representatives of the Commission and national parliaments.

The draft document, drawn up by officials attached to the convention, takes on board many of the principles in the European Convention on Human Rights, such as the right to life and free speech. However, it is more detailed in some areas, calling for the abolition of the death penalty, a ban on human cloning, the freedom to join trade unions, the right to protection of personal data and a prohibition of discrimination based on sex, race, religion or language.

Many of the draft proposals are highly contentious and touch upon sensitive topics such as race, gender, equality and biotechnology.

Duff argues that because of this, they should "have a severe public health warning attached" to them at this stage.

MEPs are expected to call next week for the charter to sign up to the European human rights convention but to update it for the modern age. They are also likely torecommend that the charter be legally-binding, incorporated in the EU treaty and subject to control by the European Court of Justice.

Governments' opposition to incorporating an EU charter of fundamental rights in the Union's treaty appears to be softening in the wake of the far-right's entry into power in Austria.