on any dreams of EU

[Aliette Guibert]

http://gandalf.aksis.uib.no/~brit/EXPORT-EU-Constitution/EU-Constitution-CIG-87-2-04/FINALACT.html

Quote:
 
PREAMBLE
PART I AND PART II

PART III 

PART IV 

FINAL ACT


____________________________
FINAL ACT 

THE CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, convened in Brussels on 30 September 2003 to adopt by common accord the Treaty establishing a Constitution for Europe, has adopted the following texts: 
I.   Treaty establishing a Constitution for Europe 
II.  Protocols annexed to the Treaty establishing a Constitution for Europe 
III. Annexes to the Treaty establishing a Constitution for Europe
The Conference has adopted the following declarations annexed to this Final Act. 
A. Declarations concerning provisions of the Constitution 
B. Declarations concerning Protocols annexed to the Constitution 

____________________________

http://gandalf.aksis.uib.no/~brit/EXPORT-EU-Constitution/EU-Constitution-CIG-87-2-04/A.DeclarationsconcerningprovisionsoftheC.html#Topic10


A. Declarations concerning provisions of the Constitution 

(...)
12. Declaration concerning the explanations relating to the Charter of Fundamental Rights 
(...)

-ARTICLE 2  

      Right to life
      ARTICLE II-62 of the Constitution  
           EXPLANATION  

      1. Paragraph 1 of this Article is based on the first sentence of Article 2(1) of the ECHR, which reads as follows: "1. Everyone's right to life shall be protected by law." 
      2. The second sentence of the provision, which referred to the death penalty, was superseded by the entry into force of Article 1 of Protocol No 6 to the ECHR, which reads as follows: "The death penalty shall be abolished. No-one shall be condemned to such penalty or executed." Article 2(2) of the Charter 2 is based on that provision. 
      3. The provisions of Article 2 of the Charter 1 correspond to those of the above Articles of the ECHR and its Protocol. They have the same meaning and the same scope, in accordance with Article 52(3) of the Charter 3. Therefore, the "negative" definitions appearing in the ECHR must be regarded as also forming part of the Charter: 
      (a) Article 2(2) of the ECHR:
      "Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: 
      (a) in defence of any person from unlawful violence; 
      (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; 
      (c) in action lawfully taken for the purpose of quelling a riot or insurrection." 
      (b)Article 2 of Protocol No 6 to the ECHR: 
      "A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions."
      _____________________________________________

                 TITLE II - FREEDOMS  
            
                 ARTICLE 6  

            Right to liberty and security 
            ARTICLE II-66 of the Constitution  
                 EXPLANATION  

            The rights in Article 6 1 are the rights guaranteed by Article 5 of the ECHR, and in accordance with Article 52(3) of the Charter 2, they have the same meaning and scope. Consequently, the limitations which may legitimately be imposed on them may not exceed those permitted by the ECHR, in the wording of Article 5: 
            "1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: 
            (a) the lawful detention of a person after conviction by a competent court; 
            (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; 
            (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; 
            (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; 
            (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; 
            (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. 
            2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. 
            3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 
            4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. 
            !!!!! (fortunatly : 5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation." 
            The rights enshrined in Article 6 1 must be respected particularly when the European Parliament and the Council adopt laws and framework laws in the area of judicial cooperation in criminal matters, on the basis of Articles III-270, III-271 and III-273 of the Constitution, notably to define common minimum provisions as regards the categorisation of offences and punishments and certain aspects of procedural law.  
     
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