Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-05-19-Speech-3-184"
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"en.20100519.19.3-184"2
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"Mr President, I am somewhat more reserved on this issue than the Members who have just spoken.
Indeed, on the face of it, the idea of European law being subject to the jurisdiction of the European Court of Human Rights is quite attractive. It was rather alarming that national laws could be, as it were, censured by that Court. However, the way in which national jurisdictions implement these laws means that European law falls outside their scope, all the more so as this European law, in my country, France, for example, takes precedence, under Article 55 of our constitution, over French domestic law.
One might wonder, however, if this procedure will not result in a certain kind of overlap. Indeed, on the one hand, European law is rarely directly applicable within Member States; it first has to be transposed into domestic legislation by means of secondary legislation.
On the other hand, the Court of Justice of the European Union in Luxembourg has shown itself to be keen to protect fundamental rights. It has also assimilated this legislation as arising from the adoption of the Charter of Fundamental Rights. The fear is that we could end up with rather protracted proceedings, particularly if, as some people are demanding, a preliminary question procedure is instituted. This is why we would have preferred a distinction to have been made between compliance with the rules and participation in the appeals procedure."@en1
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