Wednesday 2 February 2000

Threats put Brussels on wrong side of law

By Ambrose Evans-Pritchard in Brussels

Parties press ahead with coalition plans Nation unites against interference by EU Master tactician is willing to plumb the depths for votes Power may lead to downfall of Freedom Party

THE European Commission was in turmoil yesterday as criticism mounted over the European Union's threats against Austria.

Romano Prodi: 'maintaining working relations' Officials were forced to admit that there was no legal basis under EU law to exclude the far-Right Freedom Party of Jörg Haider from the coalition government in Vienna.

Having repeatedly said that it would not be appropriate "to meddle in the internal affairs of a member state", the commission is scrambling to find a policy that reconciles the demands of the EU's 14 other member governments - which acted on their own initiative under the prodding of President Chirac - with the limitations of EU law.

A commission official said: "We're not seeking to influence the formation of the Austrian government. These policies are designed to shape the programme of the government once it is in power. Then every dot and comma will be scrutinised to see whether its actions are consistent with treaties."

Romano Prodi, the commission president, emerged briefly after an emergency meeting yesterday to say - in English, French and Italian - that there was no difference of opinion between Brussels and the member states. He went on to say that the commission was "maintaining its working relations with the Austrian authorities".

Mr Prodi is having to walk a tightrope. Any suggestion that the Austrian crisis is disrupting EU business risks sending the euro further down as investors increasingly doubt the political underpinnings of monetary union. It fell to $0.9665 at one stage yesterday.

The Amsterdam Treaty permits the EU to suspend the voting rights of any member state in "serious and persistent breach" of human rights, fundamental freedoms and the rule of law. It does not authorise pre-emptive measures to stop the formation of a government that might violate these principles.

Ricardo Levi, Mr Prodi's spokesman, said: "Nobody is saying that Austria is a fascist country. "No one can point to any breach of fundamental rights in Austria, and no one can say that the elections in Austria have been anything but democratic."

Officials acknowledged that the threat of political sanctions against Austria, which was conveyed by the Portuguese presidency of the EU as if it were a decision by the Council of Ministers, has no constitutional standing.

"This was not a council decision," said Mr Levi, meaning that it was merely a collective act by like-minded governments acting outside the institutional structure of the EU, and, as such, did not give the commission the authority to act. As the executive arm of the EU, "guardian of the treaties of European Union", it can respond only when a violation is brought to its attention.

Political figures across the ideological spectrum have questioned the unprecedented threats against Austria, saying that they are an over-reaction serving only to radicalise the far Right and carelessly setting the precedent that the EU member governments are subject to the approval of Brussels.

Karl Lamers, foreign policy spokesman for the German Christian Democratic Union, said: "It plays into the hands of Jörg Haider. A role in government would offer the chance to break his spell as a Right-wing populist and a media phenomenon."

The move by the EU's majority of socialist governments to try to stop a Right-wing party with 28 per cent of the popular vote from participating in office has profound implications.

Timothy Kirkhope, the Tory chief whip in the European Parliament, said: "A lot of European governments have coalitions with unsavoury types. Proportional representation causes it to happen. But it doesn't mean that the EU can overrule the right of democratic choice. I don't like fascists, but I don't like communists either, and there are communists in the Italian government. What are we going to do about that?"

http://www.telegraph.co.uk/et?ac=000114832908976&rtmo=VM6M8wqK&atmo=mmmmmmmR&pg=/et/00/2/2/waus02.html