III OSCE
| Author | Arie Bloed |
| DOI | 10.1177/092405199801600207 |
| Published date | 01 June 1998 |
| Date | 01 June 1998 |
| Subject Matter | Article |
NQHR
2//998
F.
Human
Rights Clauses in ED Legal
Instruments:
the
MEDA
Regulation Revisited
In mid-March, the European Parliament proposed to the Council a procedure for adopting
appropriate measures in the case
of
non-respect for the human rights clause
of
the 1996
Council Regulation for assistance to economic and social reform in Mediterranean coun-
tries (MEDA Regulation)." The MEDA Regulation foresees, inter alia, in Community
financing
of
projects to promote civil-political, and social, economic and cultural rights
in partner countries, as well as projects aimed at the consolidation
of
democracy and the
strengthening
of
the rule
of
law. During previous consultations with Parliament, it had
proposed aprocedure which, in the event
of
violation
of
the human rights clause," would
allow the Council to suspend cooperation acting by a qualified majority on a proposal by
the Commission and after consultation
of
Parliament. Following receipt
of
Parliament's
proposal, in late April, the Council decided that, in the case of a violation
of
the human
rights clause
of
the MEDA Regulation, MEDA assistance can be suspended following a
Council decision adopted by qualified majority. The Council decision, while following
Parliament's advice to abandon unanimity voting, does not, however, allow a role for the
European Parliament, either as initiator
of
such a suspension procedure, or as consultative
body in the procedure itself. It should be recalled that some Member States initially
challenged the decision for majority voting, favouring unanimity voting. Some Member
States considered that one could not bring in qualified majority voting for a political
decision that in practice belongs to the Second Pillar
of
the TEU, the Common Foreign
and Security Policy, where the unanimity rule prevails. It was decided to defer a decision
until negotiations on new voting procedures in the context
of
the revision
of
the Maastricht
Treaty had been concluded. Following the adoption
of
the Amsterdam Treaty, which, in
Article 23, allows for a more flexible approach to voting procedures in areas linked to
foreign policy, the parliamentary consultation procedure on the human rights clause
of
the
MEDA Regulation was revived, and the Council adopted a final decision in favour
of
qualified majority voting in late April."
III
OSCE
Arie Bloed
A.
OSCE
Activities in
Albania
Although the multilateral military force has left Albania already several months ago, it is
quite visible in the streets in Tirana and in the rest
of
the country that the international
community did not leave the country alone. A considerable number
of
cars with the name
plates
of
OSCE, EU and WEU and other organisations can be seen driving around. At the
moment a major international effort is on its way in order to assist the country to restore
" The report was drawn up by Mr Luigi Colajanni, PE 225.326fin, dated 9 February 1998 (A4-0055/98).
14 Article 3 of Council Regulation No. 1488/96 of 23 July 1996 on financial and technical measures to
accompany the reform of economic and social structures in the framework of the Euro-Mediterranean
partnership (MEDA) states that respect for democratic principles, the rule of law, human rights and
fundamental freedoms, constitutes an essential element of the instrument. A violation of this element will
justify 'the adoption of appropriate measures'.
15 See for previous Council discussions on voting procedures concerning thesuspension of aid and tradein case
of violation of the human rights clause of the MEDA Regulation, NQHR, Vol. 14,
No.4,
1996, pp. 462-463.
236
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