October 10, 2013
Its a sad reflection on the legitimacy of the European Union when the European Commission itself avoids the application of the TFEU and the rule of law in Europe in relation to the European Schools. The European Commission and European taxpayers provide 280m euro per year to the EURSC, in the full knowledge that the EURSC is not subject to EU law. The European Commission knows that the current legal basis of the EURSC creates a legal limbo for citizens and the 30,000 pupils of the European Schools system and that pupils have no right of redress against the EURSC. Further the EURSC is not subject to any effective governance and suffers significant quality failings.
The European Commission seem content to leave EU citizens and the 30,000 pupils subject to what it calls “public international law” and not to have the European schools subject to the laws of the European Union. Why? The European Commission doesn’t answer this question. The European Parliament has passed resolutions calling for an overhaul.
Will this structure withstand scrutiny by the European Court of Human Rights? It would appear that the EURSC breaches several fundamental principles laid out in the European Charter namely, articles 6,13 and 14.
Article 6 provides citizens with the right to a fair trial and Article 13 requires citizens to have an effective remedy.
In a prior case Gasparini vs. Italy and Belgium, 12 May 2009. the European Court of Human Rights held that it had “to ascertain whether the respondent States”, at the time they joined the organisation (in that case NATO in this case the EURSC) and transferred to the relevant organisation, some of their sovereign powers, had been in a position, in good faith, to determine that the organisations internal dispute resolution mechanism did not flagrantly breach the provisions of the Convention”