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International Relations - Major political and legal texts

Just published:

L. Le Hardy de Beaulieu et al.
International Relations - Major political and legal texts
Series political and legal texts in the major field of international relations.
The book is supplemented by online resources.

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About a controversy between the Commission and France

This month of September 2010 saw the birth of a controversy between the European Commission and France on the repatriation of certain citizens (especially those designated under the somewhat generic "Roma") other states members.

Through one of its members - Ms Reding - The Commission announced its intention to initiate proceedings for "failure state" against France on the grounds of what it considers to be a behavior contrary to the free movement of people and individual citizens of the Union.

The terms used by Mrs Reding in an interview aroused the indignation of the President of the French Republic and various members of the presidential majority.

A spokesman for the UMP took issue with the Commissioner in charge of the case as it would be the representative of a "small" state which would not learn policies to give a "big" state. A few days later, a French senator which was surprising remarks on the existence of the Luxembourg State and thought it would be very comfortable to be "commissioner from Luxembourg.

For now, we do not propose to enter into substantive debate - which however deserves - the source of controversy, but to invite reflection on the springs and the consequences of the situation.

No, Mrs. Reding is not the "commissioner from Luxembourg! Certainly, it is of Luxembourg nationality (To be a commissioner, he must indeed be a national of a Member State [Art. 17.5 para 2 of the Treaty on European Union]), but she has no vocation to represent interests which they are (national or otherwise) outside the common interest of the Union. It says very explicitly that Article 17.1 of the TEU: "The Commission shall promote the general interest Union and take the appropriate initiatives to that end."

The independence of the Commission is thus proclaimed.

But it is also protected, in fact, not only the commissioners may dispose of their independence, but "States shall respect their independence and do not seek to influence them in performing their duties" (Article 245 of the Treaty on the Functioning of the Union).

Finally, the independence of the Commission shall be punished, since a member of the Commission which would divest itself of its duty of independence could be be dismissed by the Court of Justice (Article 245 of ultimately TFU).

To question a commissioner because of his national origin is therefore a serious disregard of the essential foundations of the Institutional Law of the European Union: not only because a commissioner does not represent his home state, but also because a commissioner does not act only insofar as the Commission is an indivisible College (TEU, Article 17.8).

also be recalled that Article 245 of TFU also entrust to the Commission the task to ensure "the implementation of treaties and measures adopted by the institutions under them. It monitors the application of Union law under the supervision of the Court of Justice of the European Union ".

The current debate is therefore - or rather, should lie - in the wire normal action game and control between the Commission and Member States.

It is regrettable that this was not the way: take a (e) commissioner and his home state in part because he / she participates in the exercise of a function key control is detrimental to the establishment of "Community of Law" is meant to create in Europe. Moreover, it becomes the arbiter of the dispute issue in part, at the risk of masking the underlying problem. Some press conferences that took place within the European Council that immediately followed were a manifestation in some.
What would happen tomorrow if two member states were in a dispute and that each in turn took them to the Commission or the Court?

Alongside this, we can estimate that the exercise of oversight function is exercised at best when it fits into the framework of the conventional procedure dispassionate. Requests for information from the Commission to a Member State or the initiation of proceedings for a breach of State, are not exceptional s .
can therefore hope that the Commission is both firm in his role as guardian of the Treaties and neutral with regard to the political aspects a substantive debate such as this one. Without doubt this is one of the difficulties they may experience, to embody the best of these two dimensions of supranationalism that are part of a large pulse of Community competence and control the implementation of obligations returning to the States or to other institutional actors of European integration. In the first case, it is responsible to act within the political framework, in the second, it must participate in the work of Justice.

us formulate the wish that the discussion now returns to its natural setting and that each actor carries out its responsibilities in a manner that contributes effectively to build a Europe that is more than ever be a common area of peace and justice.

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Cycling: Tour begins

Cycling: Tour of East Timor began with the logistical support of UN

Cyclists in the Tour of Timor. /

September 13, 2010

Supported by the United Nations Integrated Mission in Timor-Leste (UNMIT

), the second edition of the Tour of Timor, an international race of mountain biking , took the start Monday at the Presidential Palace in Dili, the capital of the country.

Over 360 participants from 20 countries will travel for five days around 420 km of slopes in western countries. The riders will pass through the provinces of Liquica, Bobonaro, Covalima, Ainaro, Aileu and Dili. In 2009, the first edition brought together 288 runners.
UNMIT chartered equipment for the riders and transports supplies (water, lights and generators) at each step. An ambulance was also provided by the Mission.

The race consists of over 6.5 km of coastline. Seventy four Timorese women participate in the Tour. A total of 64 women will compete. The first stage is 123 kilometers including a kilometer climb to the town of Balibo. Timor-Leste is represented by 12 local teams of four runners and the national cycling team. Many members of the Timorese police forces involved in the event.



Read the info on the UN website