Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-30-Speech-3-203"
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"en.20051130.18.3-203"2
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"Mr President, ladies and gentlemen, as the Council and the Member States argued before the Court, a teleological reading of the Treaties once again leads to the letter of them being overturned, not to say violated, especially Articles 135 and 280 of the EC Treaty and 29
of the EU Treaty, which clearly reserve criminal competence for the Member States.
Thus, without a treaty, without a mandate and against the wishes of the Member States and the Council, the Court of Justice and the Commission have agreed to use this judicial communitisation of criminal law to merge the pillars of competences within the Union. That was one of the objectives of the Constitutional Treaty which, if I may remind those of our fellow Members who still refuse to accept the fact, has been rejected and has become null and void under international law. The Commission has clearly lost no time in stepping into the breach this opened up. On 23 November last, it added to criminal environmental law an initial list of nine new criminal competences it was unilaterally removing from the Member States. This continued absorption of national competences is also reflected in the future European civil code, which is still being prepared, with no legal basis, by the Von Bar Group with a EUR 5 million subsidy from the European taxpayer.
Are the supranational institutions using some mysterious hegemonic principle that says the nations do not matter or are an obstacle to be overcome, to take their revenge for the referenda of 29 May and 1 June? These judicial shows of strength are distorting the model of Europe that our countries agreed to. We are faced with what French Constitutional Council President Pierre Mazeaud feared at the start of the year: a serious defect of consent. I therefore want to say, quietly but solemnly, that those in this House who fail to respond to these shows of strength are committing an act against their governments, against their parliaments, against their constitutions, against the European treaties themselves and against the nations and are paving the way for renewed insurrections, not only electoral ones, against a Europe that is emphatically no longer their own."@en1
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