II European Union
| Date | 01 December 1997 |
| Author | Johannes Van Der Klaauw |
| Published date | 01 December 1997 |
| DOI | 10.1177/092405199701500406 |
| Subject Matter | Article |
NQHR
4/1997
those expressly referred to in Article 56(3), however, that did not guarantee them a right
to be elected. The Special Supreme Court has sole jurisdiction under Article 58
of
the
Constitution to decide any dispute over disqualifications and, as in any judicial order
where such a system exists, anyone elected in breach of the applicable rules will forfeit
his position as a member
of
Parliament. In the instant case the Special Supreme Court,
after analysing the nature
of
the posts held by the applicants and the applicable legislation,
held that the posts were similar to the ones described in Article 56(3); it further found that
the conditions relating to when the position was held, and the duration and extent
of
the
duties, were met in the case
of
each of the applicants. On reasonable grounds it considered
it necessary to annul their election. The Court could not reach any other conclusion; there
was nothing in the judgments of the Special Supreme Court to suggest that the annulments
were contrary to Greek legislation, arbitrary or disproportionate, or thwarted 'the free
expression
of
the opinion
of
the people in the choice of the legislature'. Consequently,
there has been no violation
of
Article 3 of Protocol
No.1.
II EUROPEAN UNION
Johannes van der Klaauw
A. A Legal Basis for the EU Commission Human Rights Budget Lines
On 24 July 1997, the EU Commission submitted a proposal to the Council for a
Regulation on the development and consolidation of democracy and the rule
of
law and
respect for human rights and fundamental freedoms. IThe proposal includes a draft legal
basis aimed at defining the scope
of
Community action to promote human rights,
democracy and the rule
of
law and the general principles governing procedures for the
implementation
of
the Community's funding
of
human rights activities, bringing such
funding within a binding legal framework. The draft Regulation furthermore establishes
arrangements for coordination
of
activities and conditions for cooperation between the
Community, international organisations and non-governmental organisations as
beneficiaries
of
financial support from the Community. In drawing up the instrument, a
particular effort has been made to achieve transparency and rapidity
of
procedures and
clarity
of
criteria for cooperation. At the background
of
this initiative is the perceived need
within the Community to make the most of its financial resources in response to the
considerable growth in the Commission's human rights funding.' the increase in the
thematic and geographical scope
of
its funding in the field
of
human rights, and the
increase in the number
of
budget headings for the promotion of human rights over the last
years, which, on the initiative
of
the European Parliament, were brought together in a
separate chapter entitled 'European Initiative for Democracy and the Protection
of
Human
Rights'
(8
7 - 70) in 1994. Also, and most importantly, a legal basis should be drawn up
in order to address effectively the present difficulties with the consistency, transparency
and visibility
of
the Community's human rights activities.
One
of
the objectives
of
the new Regulation is to enable the Commission to arrange
for emergency assistance rapidly, such as through the dispatch
of
human rights observers
to important political trials, or to crisis situations which could result in massive human
rights violations. The Regulation is structured according to the following chapters: (i)
COM (97) 357 fina1- 97/0191(SYN), published in the EC OJ C 282/14 of 18 September 1997.
2This funding doubled from 45.1 million ECU to over 90 million ECU in the period 1993-1996.
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