MIME-Version: 1.0 Content-Location: file:///C:/965718D6/PROTOCOLRELATINGTOARTICLE6.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [PROTOCOL RELATING TO ARTICLE 6(2) OF THE TREATY ON EUROPEAN UNION ON THE ACCESSION OF THE UNION TO THE EUROPEAN CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS]

HUMAN RIGHTS:

EU WILL AGREE TO EUROPEAN CONVENTION ON HUMAN RIGHTS

GIVING IT POWERS OF A STATE

AND FURTHER DESTROYING BRITISH LIBERTY & SECURITY

[Protocol relating to Article 6(2) of the Treaty on European Union <= o:p>

on the Accession of the Union to = the European Convention

on the Protection of Human Rights and Fundamental Freedoms]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

 

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) The Protocol relating to Article 6(2) of the Treaty on European Union on the Accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms; and

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(ii)&#= 8217;.

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Protocol:

“= ;PROTOCOL RELATING TO ARTICLE 6(2) OF THE TREATY ON EUROPEAN UNION ON THE ACCESSION OF THE UNION TO THE EUROPEAN CONVENTION ON = THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS THE HIGH CONTRACTING PARTIES

HAVE A= GREED UPON the following provisions, which shall be annexed to the Treaty on Euro= pean Union and to the Treaty on the Functioning of the European Union:

ARTICL= E 1

The agreement relating to the accession of the Union to the European Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the

"= European Convention") provided for in Article 6(2) of the Treaty on European Un= ion shall make provision for preserving the specific characteristics of the Uni= on and Union law, in particular with regard to:

(a) the specific arrangements for the Union's po= ssible participation in the control bodies of the European Convention;<= /span>

(b) the mechanisms necessary to ensure that proceedings by non-Member States and individual applicatio= ns are correctly addressed to Member States and/or the Union<= /st1:place> as appropriate.

ARTICL= E 2

The agreement referred to in Article 1 shall ensure that accession of the Union shall not affect the competences of the Union or the powers of its institutions. It shall ensure that nothing therein aff= ects the situation of Member States in relation to the European Convention, in particular in relation to the Protocols thereto, measures taken by Member States derogating from the European Convention in accordance with Article 15 thereof and reservations to the European Convention made by Member States in accordance with Article 57 thereof.

ARTICL= E 3

Nothin= g in the agreement referred to in Article 1 shall affect Article 292 of the Trea= ty on the Functioning of the European Union.”

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Expl= anation:

The = Lisbon Treaty provides a legal base for the Union to accede to the European Convention on Human Rights (ECHR). In fact, it requires the Union to accede to the EC= HR. The Convention is an international treaty which only Member States of the Cou= ncil of Europe may sign. The EU accession to the ECHR is one more example of t= he EU merging its institutions into that of a state.

 

The = truth is that the UK is already vastly submerged under the authority of the ECHR, after the introduction of the Human Rights Act in 1998. The Union accession will not add value to human rights protection as the ECHR is already the core of h= uman rights protection in Europe. If anythi= ng, the EU accession will become an even more complex process. In the ECHR, there= are procedural issues concerning the relationship between the EU and its Member States in proceedings before the= European Court of Human Rights and institutional issues regarding the place of the= EU in relation to the Court. The EU accession will enable individuals to bring complaints against the European Union institutions directly before the European Court of Human Rights. Moreover, the EU will now be able to bring Member States before the European Court of Human rights. This Protocol mu= st be rejected and the UK must be clear of the consequences of the Union acceding to the ECHR.

 

The rise of international terrorism, mass movements of people and the increasing rate of technological advance have left the Bri= tish nation more vulnerable than ever to unconventional and unexpected attack.= It is the role of any government to protect its citizens’ security and liberty – the fundamental challenge then is to strike a balance that succeeds in safeguarding both. To date, the Labour Government has got this balance severely wrong, by adopting the European Convention on Human Righ= ts through the enactment of the Human Rights Act (1998). The EU accession to the ECHR is proof of the EU merging its institutions into that of a state bound by an oppressive human rights code, and under which= the UK legislature and judiciary are merely subsidiary concerns. This must be stopped.

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T= he Human Rights Act – which was passed by the Labour Government in 1998 and which incorporated the European Convention on Human Rights (ECHR) int= o UK law – should be repealed and we should withdraw from the ECHR altogethe= r. Until the passing of the European Communities Act in 1972, the proper protection of human rights was guaranteed by established English law: in legislation from Magna Carta to the Bill of Rights and in common law rules enshrining natural justice and denouncing slavery and oppression. Now the judiciary is bound by the HRA and increasingly uses Strasbourg jurisprudence as a precede= nt. This has led to a battle between our legislature and judiciary, as judges= are not required to follow Stras= bourg jurisprudence except in so far as it is coterminous with EU law. The accession of the EU to the ECHR will completely undermine the UK= 217;s balance between security and liberty.