The entry into force of the Lisbon Treaty is timing changes in the institutional framework of the European Unio we shall have to develop in the coming years and represent a major advance in the these institutions closer to European citizenship.
The English presidency of the EU wanted to highlight some of these aspects (beyond sharing for the first time the presidency with the figure of a Union President Mr. Van Rompuy and EU High Representative for foreign and security policy, Ms. Ashton).
precisely one of the objectives pursued by our office in relation to institutional aspects was the EU accession of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). These 6 months we have made significant progress in negotiations between the EU itself and the Council of Europe, consisting of 47 Member States. This process will have finalized in the coming months.
in Parliament and in particular from the Joint Commission for the EU, we wanted to support and highlight the importance of this step, so that all parliamentary groups have signed a motion law.
The political importance this step is indisputable: the EU is not only an economic union or interest, but also is a union of shared values \u200b\u200bsuch as human rights. In this sense the new treaty will go in parallel with two initiatives set out in its articles:
1 º. The recognition of the charter of fundamental rights as European primary law.
2 º. The anticipation of EU accession to the Convention of human rights previously recognized legal personality to the Union.
We focus now on this second element. I would simply highlight the main arguments for this accession, and its main consequences:
is a quantum leap in European integration process and involves a major step towards political union.
The EU is the contracting party number 48 of the Convention, although not formally a member of the Council of Europe.
gives a message of consistency between the Union and the countries within the Council of Europe, giving it greater credibility with third countries, to constantly ask them to respect the ECHR.
recognizes a new resource for EU citizens against violations of human rights if they value. Thus, it is recognized for European citizens protection against EU acts similar to the protection they already have against acts of all EEMM.
will imply the development of a common culture in the EU in the field of fundamental rights, which, as I pointed out, will give an image of consistency and credibility with third countries that the EU needs more than ever.
Sixth, and more specifically, it will produce the harmonious development of legislation and jurisprudence on human rights between the legal systems. No doubt the dialogue and good cooperation between the courts is essential to ensure this harmony.
Assumes additional judicial and external control of all activities of the Union in what refers to the protection of human rights of European citizens.
know that this support is not free of technical complexities to be resolved well, not to create confusion, and instead, for the benefit of citizens. Some of these technical difficulties were pointed out in detail by Luis Romero, the European Commission and Don Luis Lopez Guerra, Judge at the European Court of Human Rights and a professor of constitutional law at the hearings take place within the EU Joint Commission . We highlight some of these issues, for example, what protocols to the ECHR will ratify the EU, to explain well the powers of the ECJ and the ECHR, if necessary the election of a judge of the Union ( seems clear that yes), appoint members from the European Parliament to the Assembly of the Council of Europe when it has to rate among the three candidates submitted to the judge, the right to participate in the Committee of Ministers of the Council of Europe through European Commission, and etc..
But beyond the specific issues we know that we must solve the most important thing to get something done is to have the political will. The government of Spain with the support of all groups in the chambers of Congress and the Senate show the political will.
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