CONCURRING OPINION OF Mr. H.G. SCHERMERS

                         JOINED BY Mr. G. RESS

      I agree with those members who find no violation of Article 11,

nor of Article 14 in the present case, but my reasoning differs from

that expressed in the text of the Report. In my opinion the freedom of

association is not at stake.

      A health care board of a municipal federation or consortium is

established for the joint administration of costly municipal services.

In order to keep a balance with other costly services it seems

desirable to create some uniformity of policy between the municipality

and the health care board of the federation or consortium to which the

municipal belongs. The coordination of policy is achieved by section

122, subsection 4 of the 1976 Act which provides that the composition

of the board shall correspond to the representation in the councils of

the participating municipalities. In fact, a health care board is not

composed of individual experts but rather of representatives of the

same political parties which decide on budgetary items in the municipal

councils.

      I do not see any objection to a system in which this kind of

board is composed of delegates of political parties. One may expect

some minimum of party discipline from party members. One may therefore

also expect that the representatives of the political parties will

strive for the same policy decisions (in particular with respect to the

spending of available funds) in a federative health care board as in

other municipal organs.

      As a federative health care board is composed of the political

parties of the municipalities and the applicant does not properly

represent a political party, he has no right to sit on such a board.

I do not see that this affects his freedom of association. For any

function in a political party (such as president, secretary, or

representative in the municipal council or in a board) one must be a

party member. If the applicant does not want to join the party, he is

not qualified for a function representing that party. I cannot see that

this infringes in any way Article 11.

      Article 14 prohibits discrimination in the enjoyment of the

rights and freedoms set forth in the Convention. As no such right or

freedom is at stake, Article 14 is not applicable.

                                                        (Or. English)