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Europe Daily Bulletin No. 10850
EUROPEAN PARLIAMENT PLENARY / (ae) jha

EP rejects Czech opt-out on Charter of Fundamental Rights

Brussels, 22/05/2013 (Agence Europe) - In Strasbourg on Wednesday 22 May, the European Parliament rejected a request by the Czech Republic dating back more than four years for a derogation to the application of the Charter of Fundamental Rights, a clear majority of the MEPs (574 votes to 82, with 24 abstentions) going along with a proposal to this effect tabled by the British member Andrew Duff (ALDE). In October of last year, the committee on constitutional affairs of the EP returned an unfavourable opinion to this request by the former President Vaclav Klaus, which was made shortly after the Irish “no” to the Treaty of Lisbon in June 2008.

The aim of this request was to allow Prague to benefit from the amended protocol to the Treaty of Lisbon and drafted by the United Kingdom, which is not bound by the Charter. On the proposal of Andrew Duff, MEPs called upon the Council to reject this request for amendment of the Treaty of Lisbon, which would water down the scope and limit the application of the Charter of Fundamental Rights in the Czech Republic, the MEP explains in a press release. The rejected proposal “would add the Czech Republic as a signatory to Protocol 30 devised by Tony Blair which seeks to limit the use of the Charter in British courts”. Poland is also a signatory.

“Parliament has a duty to protect and promote the Charter of Fundamental Rights. We cannot be complicit in a Treaty amendment which blunts the Charter”, said Duff, who congratulated the “EPP for changing their mind about this matter after long consideration. Christian Democrats have no need at all to play to the nationalistic fringe”.

In his press release, Duff points out that the “Klaus Protocol has never been endorsed by the Czech Parliament or the Czech Constitutional Court - and, as things stand, it seems unlikely ever to be ratified by the Czech Senate. This measure therefore relies on the twin legacy of two gentlemen, Tony Blair and Vaclav Klaus, whose service to Europe is not beyond reproach”, he added. The European Parliament has only a consultative role in this matter, with the decision belonging to the Council. (SP/transl.fl)

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