Have you seen this?
The absolutely fantastic
Search Systems Free Public Records Directory.
We did a search and bingo, they had the information we were seeking.
Have you seen this?
The absolutely fantastic
Search Systems Free Public Records Directory.
We did a search and bingo, they had the information we were seeking.
What do people know about the EU Constitution and the EU Charter of Fundamental Rights?
Generally, as far as the legal status of the Charter is concerned, it is a part of the EU Constitution, a constitution which is currently in the process of ratification by the EU Member States:
“The European Constitution replaces most existing treaties and consists of four parts. The first part defines the European Union and its values, objectives, responsibilities, decision-making procedures and institutions. The second part incorporates the Charter on fundamental rights. The third part describes the policy and actions of the European Union. The fourth and last part contains the final clauses, including the procedures for approval and a possible revision of the Constitution.” [emphasis added]
A detailed presentation of the Charter is found at the EU Justice & Home Affairs website.
Even though the Charter is not yet legally “binding” on EU Member States, it is already having an impact:
“Since December 2000 and awaiting the ratification of the Constitution by 1st November 2006 (Article IV-447), the Charter has increasingly made its existence felt. More and more EU citizens are referring to its provisions in the letters, petitions and complaints they send to the European Parliament and Commission. EU lawyers, and specifically the Advocates General at the European Court of Justice, now regularly cite it in decisions – although they emphasise that it is not mandatory. In this way, the Charter is already achieving its first objective of making fundamental rights visible.”
Official EU information and the text of the Charter can be accessed at the EU website pages on the Charter, which summarize the Charter as follows:
“The European Union Charter of Fundamental Rights sets out in a single text, for the first time in the European Union’s history, the whole range of civil, political, economic and social rights of European citizens and all persons resident in the EU.
Here are the provisions of the EU Charter of Fundamental Rights which represents a major codified move forward for the forces of human civilization.
“Chapter I – Dignity
Human dignity is inviolable. It must be respected and protected.
Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
Right to the integrity of the person
1. Everyone has the right to respect for his or her physical and mental integrity.
2. In the fields of medicine and biology, the following must be respected in particular:
the free and informed consent of the person concerned, according to the procedures laid down by law,
the prohibition of eugenic practices, in particular those aiming at the selection of persons,
the prohibition on making the human body and its parts as such a source of financial gain,
the prohibition of the reproductive cloning of human beings.
Prohibition of torture and inhuman or degrading treatment or punishment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. Trafficking in human beings is prohibited.
Chapter II – Freedoms
Right to liberty and security
Everyone has the right to liberty and security of person.
Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.
Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.
Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in accordance with the
national laws governing the exercise of these rights.
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
2. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.
Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.
Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.
Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
Right to education
1. Everyone has the right to education and to have access to vocational and continuing training.
2. This right includes the possibility to receive free compulsory education.
3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
Freedom to choose an occupation and right to engage in work
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.
3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Freedom to conduct a business
The freedom to conduct a business in accordance with Community law and national laws and practices is recognised.
Right to property
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law insofar as is necessary for the general interest.
2. Intellectual property shall be protected.
Right to asylum
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community.
Protection in the event of removal, expulsion or extradition
1. Collective expulsions are prohibited.
2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.
Chapter III – Equality
Equality before the law
Everyone is equal before the law.
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
2. Within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, and without prejudice to the special provisions of those Treaties, any discrimination on grounds of nationality shall be prohibited.
Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.
Equality between men and women
Equality between men and women must be ensured in all areas, including employment, work and pay.
The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.
The rights of the child
1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
The rights of the elderly
The Union recognises and respects the rights of the elderly to lead a life of dignity and
independence and to participate in social and cultural life.
Integration of persons with disabilities
The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
Chapter IV – Solidarity
Workers’ right to information and consultation within the undertaking
Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Community law and national laws and practices.
Right of collective bargaining and action
Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
Right of access to placement services
Everyone has the right of access to a free placement service.
Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal, in accordance with
Community law and national laws and practices.
Fair and just working conditions
1. Every worker has the right to working conditions which respect his or her health, safety and dignity.
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.
Prohibition of child labour and protection of young people at work
The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations.
Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.
Family and professional life
1. The family shall enjoy legal, economic and social protection.
2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
Social security and social assistance
1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the procedures laid down by Community law and national laws and practices.
2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Community law and national laws and practices.
3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the procedures laid down by Community law and national laws and practices.
Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.
Access to services of general economic interest
The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Treaty establishing the European Community, in order to promote the social and territorial cohesion of the Union.
A high level of environmental protection and the improvement of the quality of the environment must be integrated into the polices of the Union and ensured in accordance with the principle of sustainable development.
Union policies shall ensure a high level of consumer protection.
Chapter V – Citizen’s Rights
Right to vote and to stand as a candidate at elections to the European Parliament
1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.
2. Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.
Right to vote and to stand as a candidate at municipal elections
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.
Right to good administration
1. Every person has the right to have his or her affairs handled impartially, fairly and within a
reasonable time by the institutions and bodies of the Union.
2. This right includes:
the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
the obligation of the administration to give reasons for its decisions.
3. Every person has the right to have the Community make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.
Right of access to documents
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to European Parliament, Council and Commission documents.
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.
Right to petition
Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament.
Freedom of movement and of residence
1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.
2. Freedom of movement and residence may be granted, in accordance with the Treaty establishing the European Community, to nationals of third countries legally resident in the territory of a Member State.
Diplomatic and consular protection
Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.
Chapter VI – Justice
Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.
Legal aid shall be made available to those who lack sufficient resources insofar as such aid is necessary to ensure effective access to justice.
Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
Principles of legality and proportionality of criminal offences and penalties
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal offence.
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.
Chapter VII – General Provisions
1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers.
2. This Charter does not establish any new power or task for the Community or the Union, or modify powers and tasks defined by the Treaties.
Scope of guaranteed rights
1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognized by the Union or the need to protect the rights and freedoms of others.
2. Rights recognised by this Charter which are based on the Community Treaties or the Treaty on European Union shall be exercised under the conditions and within the limits defined by those Treaties.
3. Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.
Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union, the Community or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions.
Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.
© European Communities, 1995-2004
Reproduction is authorised, provided the source is acknowledged, save where otherwise stated.
MSNBC carries a February 16, 2005 AP report entitled Climate treaty takes effect, but will it matter?, with good coverage of the Kyoto Protocol (United Nations Framework Convention on Climate Change) which takes effect today in the 141 nations which have ratified the treaty. The USA is a signatory but has not ratified the protocol. The EU ratified the Kyoto Protocol on May 31, 2002.
What effect will this treaty have on the EU?
EU efforts to reduce gas emissions began formally in 2000 with ECCP, the European Climate Change Programme. The European Union accounts for 21% of global greenhouse gas emissions and effective January 1, 2005 has implemented an emissions trading market, the EU ETS (European Union Greenhouse Gas Emission Trading Scheme) based on Directive 2003/87/EC.
The EU is targeted to cut emissions by 8 percent below 1990 levels by 2012.
Critics of the Kyoto treaty are sceptical that it will be effective citing to signatories such as Spain and Portugal whose emissions by 2002 were already 40.5 percent above the baseline 1990 levels. Much has been made of the US failure to ratify the treaty, but U.S. emissions are up by only 13.1 percent during the comparable period.
Meeting emission requirements will be easier for the newer Member States of the European Union. Due to the widescale collapse of Soviet industries, East European emissions are down substantially from Soviet-era levels.
Developing nations who are signatories to the Kyoto Protocol do not have to abide by its GHG (greenhouse gases) emission guidelines. Rather, they are “expected to benefit from transfer of technology and additional foreign investments into sectors like renewable energy, energy generation and afforestation project when the Kyoto Protocol comes into force.”
One of the arguments of the USA is that if the developed countries strive to reduce their emissions, production will shift to the developing countries who are not bound by the dictates of the Kyoto Protocol. There is no question that this is a problem, but you have to start somewhere. Our solution would be to put severe “emission tariffs” on products made in countries which are not ratifying signatories to the Kyoto Protocol and/or which are not abiding by its dictates, including the developing countries. Pollution is pollution no matter whether you are rich or poor.
Useful links on the Kyoto Protocol are:
Crossposted to EU Pundit.
We all use writing nearly every day, but how did writing really begin?
Here is an interesting theory at the Ancient World Blog Stonehenge.
A recent Stanford Law alumni posting contains a link to the AllLearn (Oxford, Stanford, Yale) Online Course on Literary Journalism written by Stanford Lecturer Tom Barbash, the very successful non-fiction author of On Top of the World.
As written there:
“Tom Barbash is the author of the New York Times bestselling nonfiction book, On Top of the World, the story of Cantor Fitzgerald, the bond firm that was massacred on September 11. He is also the author of the novel, The Last Good Chance, which was published in 2002, was awarded the California Book Award for best first work in fiction, and was a Publishers Weekly “Best Book of the Year.” He currently teaches at Stanford, where he was Wallace Stegner Fellow, and at California College of the Arts. He was the recipient this year of a National Endowment of the Arts Grant in fiction.”
Take a look at this course. It is a bit pricey if your bank account is low, but it may lead to your road to literary or blawging success.
The Google Blog has the simplest explanation we have found of the new “nofollow” attribute on URLs as a means of preventing comment spam and similar URL spam abuses.
Not only have the major blog software makers signed on to this project, but MSN Search, Yahoo and also Wikipedia (1.4 Beta 6) are on board.
Do you follow?
The Law Pundit has launched the new EU Pundit blog on the European Union to cover our future Europe-related postings. This is a significant event in terms of the conclusions upon which this new launch is based.
The LawPundit is written by a US expatriate who has lived and worked in Europe for many years and who has a greater familiarity with European events than most expatriate bloggers, many of whom are often in Europe only for (relatively) short(er) periods of time.
The Law Pundit sees Europe as slowly but surely headed in the direction of a process of reformation with respect to its previously strong ties to America. We take no political sides on this issue, by the way, but merely record the obvious. There are many reasons for this development, some of course having to do with foreign policy differences between American and European political leaders and constituencies, especially as regards the Iraq War. However, the roots of the separation are deeper than serendipity current events alone. The problems with Iraq will pass, but what else is to come?
Understandably – from an objective non-partisan point of view – is the recognition that Europe is now in the process of trying to shake off the American domination which has necessarily marked European affairs ever since the end of World War II.
To understand American dominance fully, one really should read Arthur M. Schlesinger, Sr., editor, The Dynamics of World Power: A Documentary History of United States Foreign Policy 1945-1973, a five-volume compendium later reprinted in paperback in 10 volumes and available through AbeBooks. This compendium contains many documents about World War II and its aftermath, the knowledge of which is essential to anyone wishing to make any informed pronouncements about American politics in those or subsequent years.
For example, one of the plans discussed in the United States in the aftermath of WWII was the idea of reducing Germany to a simple agrarian state in which industry would be prohibited. This idea was rejected by the stronger faction of opinion in American political leadership which held that Germany occupied a central position in Europe and that the resurrection of its war-torn economy was crucial to the reconstruction of the European nations. This sentiment ultimately led to the adoption of the Marshall Plan, whose still remaining 12-billion-dollar fund the current incompetent German administration, under a hapless Chancellor Schroeder, recently considered appropriating for its own partisan political purposes.
For the last sixty years, Europe has generally welcomed and accepted American world leadership as a given. Indeed, it had little choice. Europe was a shattered shell in 1946 and only America had the requisite economic, military, and political means to lead the free world.
From the standpoint of Europe, America has done so brilliantly, bringing a peace to Europe otherwise never experienced in the Old World in the years of history when they were captains of their own fate.
In the last fifteen years the European relationship to America has substantially changed. Surely this is accounted for to some degree by Gorbachov‘s Glasnost and Perestroika, the subsequent political collapse of the Soviet Union and by the fall of Berlin Wall. However, just as that wall has crumbled, so also has the lowering of borders in all of Europe led to a different European situation. When borders fall, new allegiances are inevitable to reflect the resultant shifts of power. America still leads the world and is by far the world’s strongest nation militarily, but in view of a world of 6 billion people, it is not a position that it will easily hold in coming years.
It is thus not surprising that this American leadership position is now being brought into question, even by its allies, not simply because there may be disagreements concerning the correct political direction of their joint efforts, but also because the Europeans are asserting what they see as their own vested interests. These interests, logically, do not always mesh with those of Uncle Sam, although these interests have a schizophrenic component, which is Europe’s reliance on NATO for its military protection.
Part of this process of reformation of European attitudes toward the USA is instigated by and is an integral part of the emerging European Union, which is slowly trying to create politically something which has never been accomplished militarily – and that something is the creation of a United States of Europe (the term comes from a 1946 speech given in Zürich by Winston Churchill) – i.e. an all-encompassing European Union (the EU) which could easily rival the United States in political, military and economic power down the road.
Another part of the process of reformation is Europe’s real sense of economic and political strength. After all, the EU, with the accession of the 10 new member states, has a population of 450 million, which thus greatly exceeds the USA (ca. 300 million) in population.
Still another – negative – part of the process of reformation is the ever-present nationalism which often erupts as negatively charged sentiment toward the Big Brother over the ocean.
EU Pundit will be devoted to an examination of these processes.