Brussels, 14/12/2010 (Agence Europe) - “The starting point for the defence of all human rights must begin with the citizen: the value of these rights is therefore determined by their usefulness in daily life”. The point of view expressed by Kinga Gal (EPP, Hungary), the rapporteur on practical implementation of fundamental rights in the Union following the entry into force of the Lisbon Treaty, was largely shared by MEPs. The follow-up and compilation of data exchange between the institutions is fundamental but the rapporteur also appealed for a preventive mechanism to enable institutions to take action upstream if breaches occur at national level.
Ten years after its adoption, the Charter of Fundamental Rights has become binding, pointed out the Commission vice president, Viviane Reding, saying this now involves ensuring it is effectively respected throughout the legislative process and each time the text is amended. It also involves monitoring its application in member states. Reding confirmed that, “the Commission will not hesitate to initiate infringement procedures”. Negotiations on the accession of the Union to the Human Rights Convention are making progress, as well as the reflection process on the work being undertaken by the Agency for Fundamental Rights, particularly with regard to including police co-operation in this remit. The first annual report that the Commission will present this spring on the application of the Charter will provide a good opportunity for examining all these developments.
Simon Busuttil of Malta speaking on behalf of the EPP hammered home the fact that fundamental rights should be respected but with realism. In his opinion, immigration rights are not fundamental rights and member states should be able to continue to decide themselves on questions of abortion or euthanasia, in respect of the subsidiarity principle. In the same group, Salvatore Iacolino, from Italy argued, however, that, “the subsidiarity principle cannot be allowed to restrict the application of fundamental rights”. Adam Kosa from Hungary asserted that European societies should recognise that all individuals are equal and that this is also the case with regard to equal treatment. This point is very dear to the heart of the GUE/Nordic Left. Marie-Christine Vergiat from France emphasised that the affirmation that these rights are indivisible means “rejecting the supremacy of civil and political rights over economic and social rights”. She pointed out that the universal nature of these rights meant insisting on the right to education and family life, rights which have often been thwarted (the case of the Roma is emblematic in this connection). In this domain, according to the S&D group, the Union must play a pioneering role: Monica Benova from Slovakia considers that in this connection there is a role for the new European External Action Service. The institutions must have the courage to denounce any shortcomings, added Renate Weber (ALDE, Romania). Speaking on the same wavelength, Hélène Flautre (Greens/EFA), urged the Commission to ensure thorough use of the new resources it has and to ensure “total coherency” between internal and external levels of action. Ms Flautre is among those advocating a system for the early detection of violation and an efficient system for sounding the alarm.
Michael Cashman from the British Labour Party declared that they had nothing to be proud of and attacked the way in which the concept of subsidiarity was perceived, which at a national level allowed for all kinds of discrimination against women (discrimination denounced by other speakers), senior citizens, persons with disabilities and those with a different sexual orientation. He said that they were experiencing a two-speed Europe in these areas and concluded that discrimination against the rights of one party ultimately results in discrimination against our own.
No legal basis for an early warning system: Viviane Reding said that they first of all had to ensure respect for human rights in the Union. With regard to correcting possible breaches in a Union country by way of a “freezing” mechanism of such action, the verdict of the experts demonstrates that this raises a number of very complex institutional questions. She asserted that for the time being, “it appears to me that there is no legal basis to take action in this way or that there should be a change to the treaty”, although she did say that she found the idea attractive. The vice president of the Commission also warned against the mistake often committed: in national legislation - “the Charter is not applicable in absolute terms and is only applicable when member states put European rules into practice”… In all the other cases, national courts are responsible for intervening. The importance of the Charter, however, is not yet really understood by all, hence the need to develop an information policy to assert a, “culture of rights and a policy of values”. The Commission is now even going to take a decision to scrap the exequatur procedure (Ed.: a procedure in which an act introduced in one member state is enforced in another) so that legal decisions can be applied throughout Europe. This text was monitored with regard to its influence on respect for human rights. The annual report on the application of the Charter must, concluded Viviane Reding, become, “a great moment of truth… the proof that the Charter is alive”. (L.G./transl.fl)