92000E3197

WRITTEN QUESTION E-3197/00

by Glyn Ford (PSE) to the Commission

(12 October 2000)

Subject: Internal Drainage Boards in the United Kingdom

Does the Commission feel that these Boards meet the normal criteria of democracy? Election to these Boards is dependant on certain land ownership criteria, meaning that votes are determined not on the principle of one person one vote but on wealth (in terms of land).

Answer given by Mr Prodi on behalf of the Commission

(8 December 2000)

After examining the Honourable Member's question, the Commission considers that the action of the Member State in question does not fall within the scope of Community law. It is the consistent practice of the Court of Justice, in accordance with its case law, not to monitor respect of fundamental rights by Member States when they are acting outside the scope of Community law. Consequently, and quite apart from whether a fundamental right has been violated, the Commission is not competent in this instance to open infringement proceedings against the United Kingdom under Article 226 (formerly Article 169) of the EC Treaty.

The Commission would remind the Honourable Member that once all national remedies against the act in question have been exhausted, it is possible to bring a complaint before the European Court of Human Rights in Strasbourg.