Jean Monnet Center at NYU School of Law


III. Epilogue

How then do these considerations affect a would-be Community human rights policy?

1. Though the Council Legal Service seems to have drawn the correct implications from Portugal v. Council, one may question, as we have, the reasoning of the Court. If an agreement ex Article 181 (ex Article 130y) or a program ex Article 179 (ex Article 130w) would be legitimate instruments of co-operation development if fostering - exclusively - the objectives referred to in Article 177 (1) (ex Article 130u(1)) there is no clear reason to exclude agreements or programs which would, exclusively, contribute to the objectives mentioned in Article 177 (2) (ex Article 130u(2)).

2. Even absent such an interpretation, the Community may adopt a general human rights policy, the purpose of which would be to ensure that, in the field of Community law the fundamental human rights recognized by the Court are effectively ensured. Given the transverse nature of human rights, such a policy may have as its legal basis the entire gamut legislative competence with, where appropriate, Article 308 (ex Article 235). Such a program should be scrupulous in restricting its operation, including contributions to "operators" and "partners," to those whose activities fall within the field of Community law.

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