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Europe Daily Bulletin No. 9457
THE DAY IN POLITICS / (eu) eu/reform of eu

Charter of Fundamental Rights will be binding in Ireland, says Bertie Ahern

Brussels, 28/06/2007 (Agence Europe) - The Charter of Fundamental Rights will be legally binding in Ireland, independently of the reservations that Ireland managed to have included in the European Council's negotiation mandate on the future treaty for the IGC. This was the assurance given by Irish Prime minister Bertie Ahern, according to Irish press on Thursday. The text of the IGC mandate, adopted by heads of state and government on Saturday morning, states that “two delegations” (Ireland's and Poland's) reserve the right to consider whether they will abide by the protocol which, at the request of the United Kingdom, will be annexed to the treaty. In the protocol on the Charter of Fundamental Rights, the United Kingdom had European leaders include that a) “This Charter does not extend the ability of the Court of Justice, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms, and b) “In particular, and for the avoidance of doubt, nothing in (Title IV) of the Charter creates judiciable rights applicable to the United kingdom except in so far as the United Kingdom has provided for such rights in its national law”. Bertie Ahern called for and got this reservation only to be able to check if the British opt-out would have any legal consequences for Ireland, and not to follow the UK example. Ireland has “no problem” with the Charter's being binding, Mr Ahern said in the Irish press. Previously, Irish trade unions had threatened not to support the treaty during the county's referendum in 2008 if the fundamental rights contained in the Charter were not guaranteed by Ireland. (hb)

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