Split over powers for Court

Date: 13/03/03

By Dana Spinant

CONVENTION members are split over whether the Union's common foreign and security policy (CFSP) and justice and home affairs (JHA) should be subject to the jurisdiction of the European Court of Justice.

The issue, studied by a 'reflection group' chaired by Justice and Home Affairs Commissioner António Vitorino, is highly sensitive.

Such a move would extend the Luxembourg-based Court's powers over two core areas of member state sovereignty, which have so far been exempt from its control.

Following the Convention's agreement to abolish the two intergovernmental 'pillars' covering CFSP and JHA, a number of senior members of the forum believe the Court's jurisdiction should automatically be extended to cover these areas.

Two MEPs, Liberal Democrat Andrew Duff, a constitutional law expert, and Austrian conservative Reinhard Rack, argue the Court should have this jurisdiction as an extension of the principle of rule of law enshrined in the Charter of Fundamental Rights, which will form part of the future constitution.

However, Alfonso Dastis, representing the Spanish government in the Convention and Jürgen Meyer, from the German Bundestag, are reluctant to allow the Court to extend its powers over CFSP.

Lord MacLennan, representing the UK House of Lords, suggested the Court should have the power to issue opinions on international agreements on foreign affairs signed by the EU.

A majority of the 19-strong reflection group decided to postpone a decision on the issue until 17 March.

Vitorino will prepare a memo on potential aspects of CFSP and JHA which could be covered by the Court.

The group has also discussed a possible new name for the European Court of Justice.

Options currently under discussion include 'Supreme Court', 'High Court' and 'Constitutional Court'.

A majority of the members, however, are in favour of sticking to the present name.

Convention members are split over whether the European Union's common foreign and security policy (CFSP) and justice and home affairs (JHA) should be subject to the jurisdiction of the European Court of Justice.