[The Protocol on asylum for nationals of Member States of the Europ= ean Union]

HUM= AN RIGHTS:

PRO= TOCOL RECOGNISES APPLICATION OF CHARTER OF FUNDAMENTAL RIGHTS TO INTERFERE IN UK ASSESSMENT OF INTRA-EUROPEAN ASYLUM

[The Protocol on asylum for nationals of Member States of the European Union]<= /o:p>

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007)

Ame= ndment:

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

‘(i= ) Annexed Protocol No 1 Amending Protocols Annexed to the Treaty on European = Union, to the Treaty Establishing the European Community and/or to the Treaty Establishing the European Atomic Energy Community, Article 1(22) relating to the Protocol on Asylum for National of the Union; and

(ii)’.

Pro= tocol:

“PROTOCOL ON ASYLUM FOR NA= TIONALS OF THE UNION

22) The Protocol on asylum for nationals of Member States of the European Union shall be amended as follow= s:

(a) the preamble shall be amended as follows:

(i) = the first recital shall be replaced by the following:<= o:p>

"WHEREAS, in accordance with Article 6(1) of the Treaty on European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights;";

(ii) the following new second recital shall be inserted:

"WHEREAS pursuant to Article 6(3) of the Treaty on European Union, fundamental rights, as guaranteed by = the European Convention for the Protection of Human Rights and Fundamental Freedoms, constitute part of the Union's law as general principles;";<= o:p>

(iii) in the second, renumbered third, recital, the reference to Article 6(2) shall = be replaced by a reference to Article 6, paragraphs (1) and (3);

(iv) in the third, renumbered fourth, recital, the reference to Article 6(1) shall be replaced by a reference to Article 1a;

(v) in the third and fourth recital= s, which shall become the fourth and fifth recitals, the word "principles" shall be replaced by "values"; in the four= th recital, which shall become the fifth recital, the reference to Article 309= of the Treaty establishing the European Community shall be replaced by a refer= ence to Article 7 of the Treaty on European Union;

(vi) in the fifth, which shall become the sixth, recital, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the Functioning of the European Union;

(vii) the seventh recital, which shall become the eighth recital, shall be deleted;

(b) the Sole Article shall be amended as follows:

(i) = in point (b), the words ", or, where appropriate, the European Council,&q= uot; shall be inserted after "the Council" and the words "with re= gard to the Member State of which the applicant is a national" shall be add= ed at the end;

(ii) point (c) shall be replaced by the following:

"(c) if the Council has ado= pted a decision in accordance with Article 7(1) of the

Treaty on European Union in resp= ect of the Member State of which the applicant<= /o:p>

is a nat= ional or if the European Council has adopted a decision in accordance with

Article 7(2) of that Treaty in respect of the Member State of which the applicant is

a national;".”

Explanation:

This Article recog= nises the application of the Charter of Fundamental Rights. That is to say t= hat the UK will be bound in its assessment of asylum for EU nationals by the Union’s new framework in which this assessment must only be conceived= in the understanding of the Charter of Fundamental Rights. <= /p>

This protocol spec= ifies the cases when an application for asylum made by a national of a Member State may be taken into consideration or declared admissible for processing by an= other Member State. The EU will continue to dir= ectly dictate the conditions under which the UK will process an asylum application made by a national of a Member State and declared admissible for processing by another Member State.

<= /span>

The Union continue= s to, in fact, control asylum applications outside the Courts within the UK. It = does not merely undermine our Westminster Parliament – it further undermines t= he faith of the UK citize= ns in a manageable asylum system which continues to allow the Union to dictate and further relax the conditions of asylum, regardless of the impact this will = have on individuals within the UK.

<= /span>

The Charter of Fundamental Rights would give the ECJ jurisdiction over our rights – taking that power away from our national institutions.