Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-303"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2006-06-13"^^xsd:date2
dcterms:Is Part Of	lp_eu:Implications of Case C-176/03 (debate)2
dcterms:Language	"en"^^xsd:language2
lpv:document identification number	"en.20060613.28.2-303"2
lpv:hasSubsequent	lp_eu:2006-06-13-Speech-2-3042
lpv:speaker	lp:Timothy Kirkhope2
lpv:spoken text	"Mr President, although I am a lawyer I am not here to accuse Commissioner Frattini of anything at all this evening, he will be pleased to hear, other than to say that I think this is such an important ruling that the consequences of it seem to me to be far from clear at this time. I believe there is a danger here of over-applying the principle of Community competence into national domestic criminal law and indeed, following as it does from the remarks of Chancellor Schüssel at the start of the Austrian Presidency calling for the ECJ to hand powers back to Member States, it does not seem to me to sit too easily in that context. I welcome, however, the generally cautious approach and the limited interpretation of the ruling which is to apply to a very few isolated cases set out in both the Gargani report and the Commissioner’s response. I think that the exercise of any form of legal precedent here must be controlled very strongly and effectively. I think that competence in criminal law is national, not European, in general terms, and I think the presumption must remain in that way. Whatever the general arguments, I disagree with the Commissioner. There is absolutely no justification to call for the activation of the passerelle clause in Article 42 of the Treaty on the basis of this ruling itself. Indeed, if we were to do that it would set quite a dangerous and unwelcome precedent. At the end of the day, my view is that whilst this is an unusual ruling, it has to be looked at on an individual basis and in a limited application. Any attempt by the Commission or the Court to try to use this in a more extensive way would be unacceptable and would call into question the operations of the ECJ in this field."@en1
lpv:spokenAs	member; LIBE (2004-07-21--2007-01-14)3 unknown; Conservative and Unionist Party (2004-07-20--2009-07-13)3 substitute; Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners (2006-01-19--2007-02-14)3 substitute; AFCO (2004-07-22--2007-01-14)3 substitute; Delegation for relations with Switzerland, Iceland and Norway and to the European Economic Area (EEA) Joint Parliamentary Committee (2004-09-15--2009-07-13)3 member_of_the_bureau; EPP-ED (2005-03-09--2008-01-07)3 member; Delegation for relations with the People's Republic of China (2004-09-15--2007-03-13)3
lpv:unclassifiedMetadata	"Timothy Kirkhope (PPE-DE ). –"1

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