Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-03-28-Speech-3-259"
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"en.20070328.19.3-259"2
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"Mr President, Commissioner, mirroring the right of every citizen to access to justice, pursuant to any of the constitutions of the Member States, Article 47 of the European Charter of Fundamental Rights enshrines that right for people whose rights and freedoms guaranteed under Union law have been violated.
The significance of these precepts is obvious: there is neither the jurisdiction nor any legal pact that can deprive anyone of their fundamental right to access to justice, although the exercise of those precepts can, in certain situations, be applied to what, in forensic terms, is known as a ‘plea of lack of incompetence’. Nevertheless, such exceptions must be recognised by an independent and impartial court, previously established by law, as stated in the aforementioned Article 47, this being a vital prerequisite to the exercise of its own competence. For this reason, access to justice for a natural or legal person must never involve any form of disciplinary infringement.
The exercise of a right recognised by all constitutions and the European Charter must not result in an offence of any kind under the law. That being the case, the Belet report enshrines the correct principle that access to justice, even when not justified in sporting terms, must not be penalised by disciplinary measures. In this regard, I condemn FIFA’s arbitrary decisions.
The vote on this principle will not only contribute towards making sport more transparent but will also strengthen the major principles on which the rule of law is based."@en1
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