London MEP condemns EU failure to uphold gay rights.

4.17.44pm BST (GMT +0100) Tue 2nd Aug 2005

Baroness Sarah Ludford MEP, European justice spokeswoman for the Liberal Democrats, has spoken out against the EU's failure to act over the cancellation, for the second year running, of Gay Pride celebrations in Poland.

Baroness Ludford is calling for the repeated banning of the Warsaw Equality Parade to be recognised as a violation of European human rights principles, despite the European Commission's response to her that it is "a matter for national law."

The Commission responded to MEPs' protests saying that its hands were tied, as under existing EU law it is only empowered to take action when fundamental rights are infringed in a Member State in the course of implementation of an EU Directive or Regulation.

Sarah Ludford said:

"I understand the Commission's position, but it starkly illustrates the hypocritical weaknesses in the EU set-up. Member States are sanctioned if they infringe relatively narrow EU rules such as rights at work, but there is no mechanism for ensuring that they respect wider human and equality rights."

"Short of a situation of 'serious breach' considered to justify suspension, they are untouchable, even though they would not have got into the EU if they were judged not to uphold fundamental rights."

"We now have a bizarre and unacceptable situation where nothing is done by the EU as a body to prevent a racist party from coming into government (as happened in Austria 5 years ago) or to stop a gay rights march from being banned on obviously discriminatory grounds."

"This is all because EU countries insist on 'national sovereignty' and non-interference by the Commission. But we are either a community of law and values or we are not. Although there are plans to establish an EU Fundamental Rights Agency, if this kind of passive attitude continues we might as well not bother. "

Note to Editors

Commission quotes taken from a response by Commissioner Frattini to European Parliament written question E-2214/05EN tabled by Baroness Sarah Ludford MEP and 15 other MEPs. The question asked whether the Commission considered that "the repeated ban on a peaceful demonstration is in contradiction with human rights and fundamental freedoms as guaranteed by Article 6 of the Treaty of European Union, the EU charter of fundamental rights, the ECHR and the Polish Constitution?"