Undue assistance? An analysis of the legal basis of Regulation 1257/96 concerning humanitarian aid

Abstract:

In 1996, the Council of Ministers adopted Regulation 1257/96 concerning humanitarian aid, using Art. 179 of the EC Treaty's Title XX on "Development Cooperation" as the measure's legal basis. This article considers whether Art. 179 constitutes an adequate legal foundation for the Regulation and those activities which the Community carries out on the basis of it.

First, it is examined whether Title XX of the EC Treaty covers only development co-operation or whether it also covers humanitarian assistance. Thereafter, it is considered whether Title XX on "Development Cooperation" may form the basis for assistance provided only to developing countries, or whether it may also form the basis for assistance to non-developing countries. It is concluded that Art. 179 does not provide a sufficient legal basis for the Humanitarian Aid Regulation.

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