Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-04-22-Speech-4-079"
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"en.20040422.5.4-079"2
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"Mr President, ladies and gentlemen, this report is an extremely serious precedent for the future, full of substantive, procedural and formal irregularities. Democracy cannot be invoked, only then to be violated. Neither can the rule of law be invoked, only then to be violated. This is the case with the motion for a resolution that has been tabled. It violates the provisions and the guarantees of the Treaties and, even if the Charter of Fundamental Rights of the European Union and the Constitution were already in force in the terms spoken of by some people, it would make a complete nonsense of these two texts too.
As a European institution, we have only the powers that are accorded us. Now, can we judge the decisions of the constitutional courts of the Member States, particularly of Germany and Italy? No. Can we judge the legality of this or that fact within the framework of the national laws of the Member States, particularly Italy? No. Can we declare, like a people’s court, that certain facts have been established – particularly for Italy or Poland – for which no evidence has been produced or presented? No. Can we determine the national legislative process of the German Bundesrat? No. Some say that the subject of the report is covered by Article 7 of the Treaty. In that case, however, we should have acted accordingly, which we have not done.
Others say that the report has its basis in the Charter of Fundamental Rights. Even if, however, this were already in force and being applied, note should be taken of Article 51 – retained, moreover, in the draft Constitution – according to which the Charter is applicable to the European institutions and the Member States alone."@en1
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