31.5.2000

(check against delivery)

It is a great pleasure for me to address this gathering of so many experts in European law.

F.I.D.E. has been playing a substantial role in the study and development of Community law for four decades now.

By bringing together lawyers with different backgrounds, the F.I.D.E. Congress provides a good opportunity to meet and, through learned argumentation and discussion, play an active role in influencing the development of European law.

A point often made is that one of the most important features distinguishing the European Union from other international organisations is the fact that it has a legal order of its own, one that is binding on member states. This is very true. Compliance with obligations arising under Community law is monitored and there are effective mechanisms to ensure uniform interpretation of the law. New problems associated with interpretation or application of Community law emerge every day. Analysing these problems and presenting critiques of existing legislation is mainly a task for the scientific legal community. F.I.D.E. is making a significant contribution to this work.

The importance of the Community legal order is constantly growing. The high standard of legislation creates a stable environment for the Union’s citizens and economic actors. Enlargement of the Union will also require highly efficient administration and effective courts.

Of the issues to be discussed at this Congress, I shall mainly concentrate on the architecture of the Court of Justice. First, however, I should like to make a few remarks about the extension of qualified majority voting which is one of the key questions for the ongoing Inter-governmental Conference. Greater use of qualified majority voting is needed in order to ensure both the proper functioning of the Union, as it is today, and its efficiency and dynamism after enlargement. Persistent efforts to reach unanimous decisions in an enlarged Union could compromise the clarity and transparency of Community legislation.

The major problem facing the Community courts nowadays is the growing number of cases and the time it takes to consider them. In my former capacity as Foreign Minister I was made aware of the courts’ dilemma when I had the pleasure of meeting both President Rodriguez and President Vesterdorf on various occasions.

Finland finds it important to develop the system in a way that supports the courts’ role in guaranteeing consistent application and interpretation of Community law. At the same time it is necessary to ensure that the Court of Justice can efficiently oversee the legality of decisions made by the various institutions of the EU. In a Europe of citizens the judicial system will have to be efficient and transparent and maintain consistency of Community law. Above all, the courts must have sufficient resources to cope with their workload at all times.

It seems unrealistic to imagine that we could foresee every aspect of future development and different requirements during the ongoing Inter-governmental Conference. Asylum and immigration policy, police cooperation, introduction of the single currency as well as agreements in the fields of justice and home affairs are examples of new matters falling within the courts’ competence. This broadening of their remit and enlargement will together contribute to increasing the courts’ caseload.

In order to meet future challenges, the legal framework of the Community needs to be adjusted.

The most urgent measure to be taken now is to increase flexibility in both the Treaty articles and court proceedings. This does not mean that structural changes in the Community court system are unnecessary now or that they will not be needed further down the road. However, such changes can not be implemented without thorough preparation and deliberation. With a view to finding solutions, the discussion that is going to take place here on Saturday is most welcome and valuable.

Because the original purpose motivating the member states was to create a common market, Community law has to a large extent been aimed at regulating commercial activities. In a Europe of citizens, however, this is not enough. As the Treaty of Amsterdam and the outcome of the Tampere Summit have proved, matters relating to freedom, security and justice are being given increasing attention.

As a consequence of this, also protection of fundamental rights has become highly important. It is one of the founding principles of the European Union and an indispensable prerequisite for its legitimacy. This was also recognised at the Cologne Summit in June last year. It gave the starting shot for the work of preparing a Charter of Fundamental Rights for the European Union.

The purpose of the Charter is to make the overriding importance and relevance of fundamental rights more visible to the Union’s citizens and to strengthen judicial safeguards of such rights and freedoms. The Charter – regardless of what legal or political status it may be given – will undoubtedly have a great effect on Community legislation as well as on the way it is applied by the Union institutions. We welcome this development especially in the context of a more political Union and with an eye to future enlargement.

I would like to emphasise that when we make fundamental rights a more visible part of the Union we should not lose sight of the fact that they are universal in character, and thus the entitlement of everyone residing in the territory of the Union. The Union’s list of fundamental rights is in no way meant to interfere with or distract from the international system of human rights.

Ever since we joined the Union, Finland has advocated the Community’s accession to the European Convention on Human Rights. The European Union’s work to draft its own Charter of Fundamental Rights has not changed this position at all. Acceding to the European Convention and creating the Charter should be seen as complementing – rather than excluding – each other in efforts to strengthen the Union’s commitments in the field of human rights.

I am very pleased to extend to you a warm welcome as you gather for your 19th F.I.D.E. Congress here in Helsinki. Your choice of venue gives the Finnish media and people an opportunity to focus on the significance of Community law, its development and the importance of its uniform application.

Respect for the principle of the rule of law is essential for the promotion of democracy and economic development. Community law and its consistent application in every member state of the Union make the principle of the rule of law an integral part of the Community.

I wish your Congress every success.