Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-03-14-Speech-2-129"
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"en.20000314.8.2-129"2
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"I would like to join with my colleagues in congratulating the two rapporteurs despite the fact that I do not agree with everything that they have set down and suggested. At the same time, they have been given an impossible task to try and square a circle that cannot be squared.
In the brief time that I have, I would like to concentrate on one specific point which the previous speaker has mentioned, as indeed have other speakers. That is the potential conflict which could arise between this Charter and the European Convention on Human Rights. Let us not forget that each Member State has ratified the European Convention on Human Rights, has incorporated it into its own national law and is bound by the decisions of the European Court of Human Rights in Strasbourg. Over the last 50 years, the European Convention, with the decisions of the Court, has grown and evolved to accommodate new rights, new entitlements and new freedoms that have developed with society.
Also, in case Members do not know it, under a strict legal interpretation any EU legislation supersedes any constitutional provision or any other national legislative provision in any one of the Member States. Therefore, if this Charter were to be incorporated into the Treaties, it would supersede the European Convention on Human Rights, it would supersede any national constitutional provisions and would also supersede any national legislative provisions. Therefore, whilst it is important that each of us must stand up for the inalienable freedoms and rights enjoyed by each individual citizen, as well as by groups of citizens, I think there is a better way to deal with this problem than through a Charter, namely through the incorporation of the Convention into European Union law and its enforcement at national Member State level."@en1
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