[spectre] on any dreams of EU (a part of vote no) !

[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penalty, was superseded by the entry into force of Article 1 of Protocol No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.


(...)

You can try any article in hypertext like we did it before vote...:))