92000E2430

WRITTEN QUESTION E-2430/00

by Gorka Knörr Borràs (Verts/ALE) to the Council

(24 July 2000)

Subject: Peoples

What is the Council's interpretation of peoples, within the meaning of Articles 151, 189 and 190 of the EC Treaty? In the case of the Spanish State, does it correspond to that which the Spanish Constitution recognises as nationalities?

Reply

(7 November 2000)

The interpretation of the provisions of the EC Treaty is not within the Council's competence.

The Council recalls the principle established by the Court of Justice whereby the interpretation of Community law cannot depend on national law. The terms of any provision of Community law that makes no express reference to the law of the Member States to determine its meaning and scope must normally be given an autonomous interpretation, which should be sought by taking account of the context of the provision and of the objective aimed at by the regulations in question. If there is no express reference to the law of the Member States, Community law may, if applicable, entail reference to the law of the Member States only when the Community judge is unable to detect in Community law or the general principles thereof a basis enabling him to clarify the content and scope of a Community provision through autonomous interpretation (CFI, judgment of 18 December 1992, Diaz Garcia/Parliament, case T-43/90, ECR p. II-2619).