Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-05-18-Speech-2-418"

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"Madam President, I will speak on the Union’s accession to the European Convention on Human Rights. I want to underline that I am going to speak as a lawyer. I would like to draw attention to the role of the Court of Justice in the construction of the European Union’s accession to the European Convention. In particular, the requirement in the European Convention on Human Rights that the applicant must exhaust domestic remedies before applying to the European Court of Human Rights must be transposed into a procedure which would give the Court of Justice in every case the opportunity to decide as the last domestic remedy before the Strasbourg Court looks into the matter. I mainly refer to the cases where Member States apply EU law and Member States are sued by individual applicants following the application of that EU law. The Court in Luxembourg must first be given the possibility to apply the convention in such cases. Let us not forget that the Court in Luxembourg has been applying the convention for years. In relation to this, I would like to recall the European Court of Human Rights’ finding in the case of Bosphorus Airlines vs. Ireland in 2005. I quote, ‘The protection of fundamental rights by Community law can be considered to be equivalent to that of the convention system’. Along with my colleagues, I welcome the Union’s accession to the convention but, at the same time, I ask for a very careful analysis of the procedure we put in place, as we need to protect citizens’ interests and, at the same time, to preserve what is working well."@en1
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