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

[Aliette Guibert]

Sorry, there are other pearls (every chapter has a lot of pearls) same page
for example one more :

___________________
ARTICLE 11

Freedom of expression and information
ARTICLE II-71 of the Constitution
EXPLANATION

1. Article 11 1 corresponds to Article 10 of the European Convention on
Human Rights, which reads as follows:
"1. Everyone has the right to freedom of expression. This right shall
include freedom to hold opinions and to receive and impart information and
ideas without interference by public authority and regardless of frontiers.
This Article shall not prevent States from requiring the licensing of
broadcasting, television or cinema enterprises.


=====> 2. The exercise of these freedoms, since it carries with it duties
and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a
democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the
protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in
confidence, or for maintaining the authority and impartiality of the
judiciary." <=======

(Fornunatly the competition... but never the human right of information
!!!!!!)===> Pursuant to Article 52(3) of the Charter 2, the meaning and
scope of this right are the same as those guaranteed by the ECHR. The
limitations which may be imposed on it may therefore not exceed those
provided for in Article 10(2) of the Convention, without prejudice to any
restrictions which competition law of the Union may impose on Member States'
right to introduce the licensing arrangements referred to in the third
sentence of Article 10(1) of the ECHR. !!!

2. Paragraph 2 of this Article spells out the consequences of paragraph 1
regarding freedom of the media. It is based in particular on Court of
Justice case law regarding television, particularly in case C-288/89
(judgment of 25 July 1991, Stichting Collectieve Antennevoorziening Gouda
and others [1991] ECR I-4007), and on the Protocol on the system of public
broadcasting in the Member States annexed to the EC Treaty and now to the
Constitution, and on Council Directive 89/552/EC (particularly its
seventeenth recital).



----- Original Message ----- 
From: "Aliette Guibert" <guibertc at criticalsecret.com>
To: ""spectre"" <spectre at mikrolisten.de>
Sent: Saturday, June 04, 2005 1:36 AM
Subject: [spectre] on any dreams of EU (a part of vote no) !


>
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...:))
>