Seanad debates

Thursday, 10 October 2002

Address by President of the European Parliament.

 

The charter of fundamental rights and the European Convention on Human Rights are both being negotiated at present. The question arises as to whether we would end up with jurisdictional disputes between the Court of Human Rights in Strasbourg and the European Court of Justice in Luxembourg. In addition, it has been stated that the European Union has no standing in law internationally and if it was to sign for its own work – the Convention on Human Rights – it needs to be given a legal personality. The Council of Europe would then need to change its rules to allow a collectivity, which is not a state, to connect. This is quite a complex legal issue. Whether a charter which is judicial in nature will emerge remains to be seen, but the preference of the European Parliament is that, subject to whatever overhaul the text would need in legal terms, Europe must tell its citizens their rights vis-à-vis when it acts in their name, the effect this will have on their fundamental rights and that it should be for those citizens an empowerment exercise.

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