Activities of Morten MESSERSCHMIDT related to 2009/2241(INI)
Plenary speeches (1)
Institutional aspects of accession by the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda (debate)
Amendments (13)
Amendment 2 #
Motion for a resolution
Recital A
Recital A
A. whereas, in case law which has remained consistent since the 1970s, the Court of Justice has held that fundamental rights form an integral part of the general legal principles which the Court enforces,
Amendment 4 #
Motion for a resolution
Recital D
Recital D
D. whereas the Court of Justice devotes particular attention to the development of the case law of the European Court of Human Rights, as demonstrated by the growing number of judgments which refer to provisions of the ECHR, and need not itself develop this case law,
Amendment 6 #
Motion for a resolution
Recital E
Recital E
E. whereas in principle the European Court of Human Rights makes a basic 'presumption of compatibility' of the conduct of a Member State of the Union with the ECHR when the State is merely implementing Community law,
Amendment 9 #
Motion for a resolution
Recital G
Recital G
G. whereas Article 6(2) of the Treaty on European Union provides that the European Union shall accede to the ECHR and whereas Protocol No 8 to the Lisbon Treaty lists a series of points concerning which provision must be made at the time ofprior to that accession; whereas these provisions do not merely constitute an option allowing the Union to accede but require the Union institutions must be made for these points prior to thact accordingly,ession;
Amendment 17 #
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
– the incorporation of the Charter of Fundamental Rights into its primary law, its accession to the ECHR will send a strong signal concerning the coherence between the Union and 'wider Europe', constituted by the Council of Europe and its pan-European human rights system; this accession will also enhance the credibility of the Union in the eyes of third countries which it regularly calls upon in its bilateral reports to respect the ECHR,
Amendment 21 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that, pursuant to neither the entry into force of the Charter within the Treaty, nor accession does notto the ECHR entails any extension of the powers of the Union and in particular does not create a general human rights competence for the Union;
Amendment 28 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the ECHR system has been supplemented by a series of additional protocols concerning the protection of rights which are not covered by the ECHR and suggests that the Union should accede to all the protocols which at least partially concern matters where the Union possesses powers (Nos 1, 4, 7 and 12);
Amendment 33 #
Motion for a resolution
Paragraph 5 – indent 3
Paragraph 5 – indent 3
– the right for the European Parliament to appoint/send a certain number of representatives, which should at least include participants from all groups of the European Parliament, to the Parliamentary Assembly of the Council of Europe when the latter elects judges to the European Court of Human Rights;
Amendment 38 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that any application by a citizen of the Union concerning an act or failure to act by an institution or body of the Union should be directed solely against the latter and that similarly any application concerning a measure by means of which a Member State implements the law of the Union should be directed solely against the Member State, without prejudice to the principle that, wif there can be any doubt as to the way in which responsibility for the act concerned is shared between the Union and the Member State is not clearly definis shared, an application may be brought simultaneously against the Union and the Member State;
Amendment 43 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 46 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that it would be unwise to formalise relations between the Court of Justice and the European Court of Human Rights by establishing a preliminary ruling procedure before the latter or by creating a body or panel which would take decisions when one of the two courts intended to adopt an interpretation of the ECHR which differed from that adopted by the other; recalls in this context Declaration No 2 concerning Article 6(2) of the Treaty on European Union, which notes the existence of a regular dialogue between the Court of Justice and the European Court of Human Rights, which should be reinforced when the Union accedes to the ECHRRefers to the fact that the European Court of Human Rights’ interpretation of the ECHR always takes precedence over any interpretation given by the Court;
Amendment 49 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the ECHR has an important function in connection with the interpretation of the Charter of Fundamental Rights, as rights guaranteed by the Charter which correspond to rights recognised by the ECHR must be interpreted in accordance with the Convention and as, by virtue of Article 6(3) of the Treaty on European Union, the ECHR constitutes a source of inspiration for the Court of Justice in the formulation of general principles of the Union's law; notes likewise that, pursuant to Article 53 of the ECHR, the Convention cannot be interpreted as limiting or adversely affecting the rights recognised by the Charter of Fundamental Rights, so that the latter retains its full legal force;
Amendment 55 #
Motion for a resolution
Paragraph 13
Paragraph 13