III European Community
| DOI | 10.1177/016934419301100408 |
| Date | 01 December 1993 |
| Published date | 01 December 1993 |
| Subject Matter | Part B: Human Rights News |
NQHR
4/1993
Complaints Board at
the
Federal Ministry
of
Defence both about the order to stop
distributing Igel and about the relevant regulations. In accordance with the Military
Complaints Board's recommendation, the Complaints Division of the Ministry of Defence
dismissed his complaint on 22 March 1988. An appeal by
Mr
Gubi against the order was
declared inadmissible
by
the Constitutional Court, which did however quash, on formal
grounds, a disciplinary penalty imposed on him in connection with the distribution
ofIgel
in barracks. In their application to the Commission VDSO and
Mr
Gubi complained of
violations of their rights to freedom of expression (Article 10), of the lack of an effective
remedy (Article 13
read
in conjunction with Article 10) and of discrimination on political
grounds (Article 14
read
in conjunction with Article 10). The Commission expressed the
opinion (a) as regards VDSO, that there had been a violation of Article 10 (twelve votes
to nine) and Article 13 read in conjunction with Article 10 (twelve votes to nine), and that
no separate issue arose under Article 14 read in conjunction with Article 10
(unanimously); and (b) as regards Mr Gubi, that there had been a violation of Article 10
(twelve votes to nine)
but
no violation of Article 13 read in conjunction with Article 10
(unanimously), and that no separate issue arose under Article 14 read in conjunction with
Article 10 (unanimously).
Article 10 ECHR: Freedom of expression.
8 July 1993, Jersild v, Denmark. The Danish Broadcasting Corporation broadcast
throughout the country in its television news magazine 'Sondagsavisen' aprogramme
edited and produced by the applicant, which described the attitude to racism of a group
people calling themselves 'the Greenjackets'. Subsequently, criminal proceedings were
brought against three young people who had taken part in the sequence for their racist
remarks and against the applicant and the head of the Danish Broadcasting Corporation's
news section for aiding and abetting. The Copenhagen City Court convicted the first three
and fined
Mr
Jersild 1,000Danish kroner. Mr Jersild appealed to the East Denmark Court
of
Appeal,which-upheld-the--conviction,as-did-the--Supreme--Court;-In his-application-to
the Commission, as declared admissible,
Mr
Jersild alleged a violation of his right to
freedom of expression. The Commission expressed the opinion that there had been a
violation of Article 10 (twelve votes to four).
ill
EUROPEAN COMMUNITY'"
A. Harmonization of EC Policy on Arms
Export
Control
Now that the (Maastricht) Treaty on European Union
will
enter into force in late 1993,
EC Member States
are
expected to develop a common approach and systematic
cooperation in the field of foreign and security policy. According to the second 'pillar'
(title V) of the Maastricht Treaty, such a common foreign and security policy will
gradually implement joint action in areas in which the Member States have important
interests in common.
EC
governments are expected to inform and consult each other
within the Council to decide on concerted and convergent action in these matters, which
will hopefully include matters related to arms control exports. This could mean that any
systematic cooperation in this area will be guided by criteria which, amongst others,
'" Johannes van der Klaauw
486
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