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BackFor the first time, the Committee on Civil Liberties, Justice and Home Affairs discussed the impact of the Treaty of Lisbon within the scope of freedom, security and justice. With the Treaty of Lisbon coming into force, the European Parliament automatically assumes an important role with regard to protecting the Fundamental Rights. The codecision procedure becomes a “normal” procedure. That way, Parliament gains in importance towards the Council. In addition, each new legislative act by the Commission will have to comply with the Charter of Fundamental Rights.
Charter of Fundamental Rights obtains same importance as the EC Agreement
The Lisbon Treaty makes the Charter of Fundamental Rights legally-binding within the EU. Great Britain and Poland, however, negotiated an exemption, so that the Fundamental Right Charter will not provide any legal protection before British or Polish Courts. A report of the European Parliament commented on the exemption clauses that these would represent a dramatic setback and major damage to the innermost self-conception of the European Union. But perhaps a piece of luck will help to “dissolve” the exemption clause. In accordance with the Treaty of Lisbon, the EU is supposed to join the European Convention on Human Rights (ECHR). What is interesting is the fact that no Member State had secured an “Opt Out”, hence an exemption clause. The ECHR guarantees a catalogue of Fundamental Rights and Human Rights. Their implementation is monitored by the European Court of Human Rights in Strasbourg. That way an opportunity might be created through the back door that the ECHR would after all apply to all Member States who have not signed up to the Fundamental Rights Charter. Interesting is that this would result in an “external control” of all Member States of the EU by the European Court of Human Rights. Before this can take place, however, the Council must agree unilaterally and the agreement of the European Parliaments is also required. Some MEPs were pleased but surprised at the same time, that the Member States had overlooked this “gap”.
Amount of work involved will double
The members of the Committee were on the whole positive about the expansion of powers and responsibilities. It is, however, also true that the work involved in respect of freedom, security and justice will double with the introduction of the codecision procedure. The MEPs criticised this and demanded support. Whether they will receive it, however, remains to be seen.
The Lisbon Treaty makes the Charter of Fundamental Rights legally-binding within the EU. Great Britain and Poland, however, negotiated an exemption, so that the Fundamental Right Charter will not provide any legal protection before British or Polish Courts. A report of the European Parliament commented on the exemption clauses that these would represent a dramatic setback and major damage to the innermost self-conception of the European Union. But perhaps a piece of luck will help to “dissolve” the exemption clause. In accordance with the Treaty of Lisbon, the EU is supposed to join the European Convention on Human Rights (ECHR). What is interesting is the fact that no Member State had secured an “Opt Out”, hence an exemption clause. The ECHR guarantees a catalogue of Fundamental Rights and Human Rights. Their implementation is monitored by the European Court of Human Rights in Strasbourg. That way an opportunity might be created through the back door that the ECHR would after all apply to all Member States who have not signed up to the Fundamental Rights Charter. Interesting is that this would result in an “external control” of all Member States of the EU by the European Court of Human Rights. Before this can take place, however, the Council must agree unilaterally and the agreement of the European Parliaments is also required. Some MEPs were pleased but surprised at the same time, that the Member States had overlooked this “gap”.
Amount of work involved will double
The members of the Committee were on the whole positive about the expansion of powers and responsibilities. It is, however, also true that the work involved in respect of freedom, security and justice will double with the introduction of the codecision procedure. The MEPs criticised this and demanded support. Whether they will receive it, however, remains to be seen.