Author Topic: EU Charter of Fundamental Rights  (Read 763 times)

Offline lx4

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EU Charter of Fundamental Rights
« on: October 29, 2009, 10:25:43 PM »
It looks like the Lisbon Treaty will soon be ratified by all the EU members. It is pretty much the same thing as the European Constitution they tried to get ratified a few years ago. They just watered it down a little and changed the name.

One of the greatest thing about this is that it gives the EU Charter of Fundamental Rights the same status as EU treaties (basically constitutional status) which gives the European Court of Justice the authority to make sure that member states don't violate their peoples fundamental rights. The same way the Supreme Court does in the US.

I am a big believer in the idea of guaranteeing individuals freedoms in a constitution and having a constitutional court to make sure they aren't violated. Something that is not the case in many European countries. Here in Sweden for example we have a very nice constitution but no court that makes sure it's followed, its basically up to the politicians to decide if their actions are constitutional. Needles to say I think the Charter would be good for us.

Now Im sorta annoyed with three countries, Britain, Poland and now also the Czechs. They go along with everything in the Lisbon Treaty except the part about guaranteeing their citizens their fundamental rights, they have somehow gotten the ok to opt out. They all seem to have their own reasons, the British fearing it could give workers more rights, the Poles fearing it could be interpreted to give homosexuals rights, and the Czechs seem to not want to give Germans rights. But this creates the weird situation where some European citizens are guaranteed fundamental rights while others arent. It risks hurting the whole concept constitutional rights.

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Offline sdedalus83

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Re: EU Charter of Fundamental Rights
« Reply #1 on: October 30, 2009, 02:50:19 AM »
The EU Charter is far too specific.  Sure, you avoid a situation like what the US has with our first and second amendments.  However, it's far, far easier to find loopholes when the document is too specific.  It'll end up getting amended every couple of years to close loopholes, just to open new ones.  And I agree that it's a sad joke to permit states to opt out.

Offline vuzedome

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Re: EU Charter of Fundamental Rights
« Reply #2 on: October 30, 2009, 04:56:28 AM »
All members should follow through, and this would really give local governments some popularity boost for ratifying this.
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Offline molbjerg

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Re: EU Charter of Fundamental Rights
« Reply #3 on: October 30, 2009, 08:53:41 AM »
The British have certain things going that they don't want to get rid of. For example, the court of European Human rights ruled that the level of information (fingerprints etc) that British police keep is against our human rights. Despite that, the head honcho of the police says that nothing will change. Just flat out says it.

There is also quite an opinion of "we're an island, a nation, and Europe can get fucked if it's going to inforce its laws upon us". There is a fair amount of blind sighted anti-europe sentiment, something that will only increase on a political scale after the next general election where unfortunately the tories (conservatives) are going to reclaim the leadership.

As for member states opting out of certain parts - we've still got the GBP, and I quite like the currency, even if the recession will have messed us up more because of it.
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