Pétition à l’attention de: President of the European Parliament - Rapporteur int 't Veld and Shadow Rapporteurs
Only the citizens of the European Union can decide for themselves on their fundamental rights
Only the citizens of the European Union can decide for themselves on their fundamental rights
Sophia in ’t Veld, the ALDE (Liberal Democrats) Dutch Member of the European Parliament issued a Legislative report proposing to put in place a political scoreboard for each European Union Member State.
The goal? To sanction people and countries which don’t or won't conform to the so-called "democratic" values imposed by Brussels.
For many European political leaders, those democratic values are, in particular, "equality" and "non-discrimination". Those two notions are the basis of all LGBT claims (Lesbians, Gays, Bisexuals, Transsexuals) with regards to Same-Sex Marriage and adoption, Assisted Reproduction and Surrogacy.
If implemented, this report would mean that certain countries which do not accept certain "societal advances" could be considered as not respectful of citizens’ "fundamental rights" (application of Article 21 of the Charter of Fundamental Rights which states in particular that sexual orientation cannot be subject to discrimination, for instance). The suppression of Article 51 of this same Charter (application of the principle of subsidiarity) would deny a State the possibility to oppose those "societal advances".
And since the treaties of the European Union require unanimity of the Council members to decide on those issues, the report simply suggests to do away with this rule!
All this would allow the European Union to force on some States political rules which they (the EU), themselves, do not adhere to.
Therefore, the European Parliament, the Commission and the Council would confer on themselves the right* (a right they don’t actually have under their own rules) * to modify the objectives and the very nature of the European Union as defined in the Treaties, without consulting the European citizens.
*This is illegal, it is anti-democratic and it is dangerous for our liberties. What is most ironic is that this text actually talks about respect of the rules of Democracy, but doesn’t respect those rules!
Indeed, all this sounds a bit juridical. Let us, then, pick a real-life example:
Today, neither Poland nor Hungary allow same-sex marriage. After the implementation of this report’s recommendations, same-sex marriage would be declared as a “Fundamental Right for transsexuals, queers, bisexuals etc”. In other words, Poland and Hungary would be sanctioned for their "non-respect" of Human Rights, and there would be no legal possibility to oppose this.
The same may apply for Surrogacy, Assisted Reproduction, “Gender” Ideology, and the suppression of the conscience clause, which could be considered as fundamental rights according to the European Institutions’ interpretation.
It is, in fact, the individual European citizen’s very right to act as he or she sees fit, according to his/her conscience, that is challenged.
This report also demands the predominance of the European Court of Human Rights, an institution of the Council of Europe (47 member countries among which the 28 EU Member States, and 29 others such as Turkey, Russia, Morocco,…) over the Court of Justice of the European Union.
In other words, judges of countries external to the European Union would be able to judge the European Union!
How, and by whom, shall we soon be judged in the European Union?
Imposing a change of objectives and the nature of the European Union, without the consent of European citizens, can only lead to the rejection of the European Union. Brexit is still fresh on our minds…
This petition will be submitted to the President of the European Parliament, the Special Rapporteur and the Shadow Rapporteurs.
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Petition for the attention of: President of the European Parliament - Rapporteur int 't Veld and Shadow Rapporteurs
Dear Mr President, Dear Rapporteurs and Members of the EU Parliament,
We come to you to request the complete withdrawal of the in ’t Veld report which defines a new pact for democracy, the Rule of Law and fundamental rights for the EU, for this INL does NOT respect the European treaties. In fact:
1. Provisions for Treaty revisions (§20)
- Making Article 2 of the TEU and the Charter of Fundamental Rights the legal basis for DRF related legislative procedures.
- Conversion of the Charter of Fundamental Rights into a Bill of Rights of the Union.
- Reviewing of Article 7 of the TEU so as to apply sanctions against Member States.
- Abolition of Article 51 of the Charter of Fundamental Rights - on Subsidiarity and National Sovereignty -
- Enabling of individuals and legal persons to bring actions before the Court of Justice upon alleged DRF-related violations by the Institutions or a Member State. Making it possible for legislation to be referred to the Court of Justice by one third of the Members of Parliament.
- Modification of the unanimity voting rule in the European Council
2. Accession of the EU to the European Court of Human Rights
- The report, in §11, calls for the accession of the European Union to the European Court of Human Rights (ECHR). If this would occur, the ECHR, which is a body of the Council of Europe (47 countries, and not all the 27 member states of the European Union), would become the supreme legal authority of the European Union, thereby overseeing the work of the Court of Justice of the European Union (CJEU).
- The CJEU in Opinion 2/13 of December 2014, declares the accession of the EU to the ECHR non compatible with article 6 § 2 of the TEU.
3. Political take-over of National Governments
- The panel will be made of independent experts on matters of DRF which will assess each member states on those aspects on “an anonymous and independent basis”, as recommended in §9 of the In’t Veld Pact for Democracy, binding for each member state.
- Those “independent experts” would include judges outside of the EU in case of accession of the EU to the ECHR (eg. Turkey, Federation of Russia or Morocco)
- Non conformity to the Treaty - In Article 4 (2) of the TEU, the EU is required to respect the national identities of the Member States “inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government”
- The French Government’s position confirmed this analysis: “The proposed mechanism is not in conformity with the Treaties”.
We, therefore, demand:
- The respect of national parliaments and constitutional courts, guarantors of the rule of law and democracy and fundamental rights for their citizens.
- The respect of the European treaties.
- The complete withdrawal of this report.
Thank you for your serious consideration.
Petition for the attention of: President of the European Parliament - Rapporteur int 't Veld and Shadow Rapporteurs
Dear Mr President, Dear Rapporteurs and Members of the EU Parliament,
We come to you to request the complete withdrawal of the in ’t Veld report which defines a new pact for democracy, the Rule of Law and fundamental rights for the EU, for this INL does NOT respect the European treaties. In fact:
1. Provisions for Treaty revisions (§20)
- Making Article 2 of the TEU and the Charter of Fundamental Rights the legal basis for DRF related legislative procedures.
- Conversion of the Charter of Fundamental Rights into a Bill of Rights of the Union.
- Reviewing of Article 7 of the TEU so as to apply sanctions against Member States.
- Abolition of Article 51 of the Charter of Fundamental Rights - on Subsidiarity and National Sovereignty -
- Enabling of individuals and legal persons to bring actions before the Court of Justice upon alleged DRF-related violations by the Institutions or a Member State. Making it possible for legislation to be referred to the Court of Justice by one third of the Members of Parliament.
- Modification of the unanimity voting rule in the European Council
2. Accession of the EU to the European Court of Human Rights
- The report, in §11, calls for the accession of the European Union to the European Court of Human Rights (ECHR). If this would occur, the ECHR, which is a body of the Council of Europe (47 countries, and not all the 27 member states of the European Union), would become the supreme legal authority of the European Union, thereby overseeing the work of the Court of Justice of the European Union (CJEU).
- The CJEU in Opinion 2/13 of December 2014, declares the accession of the EU to the ECHR non compatible with article 6 § 2 of the TEU.
3. Political take-over of National Governments
- The panel will be made of independent experts on matters of DRF which will assess each member states on those aspects on “an anonymous and independent basis”, as recommended in §9 of the In’t Veld Pact for Democracy, binding for each member state.
- Those “independent experts” would include judges outside of the EU in case of accession of the EU to the ECHR (eg. Turkey, Federation of Russia or Morocco)
- Non conformity to the Treaty - In Article 4 (2) of the TEU, the EU is required to respect the national identities of the Member States “inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government”
- The French Government’s position confirmed this analysis: “The proposed mechanism is not in conformity with the Treaties”.
We, therefore, demand:
- The respect of national parliaments and constitutional courts, guarantors of the rule of law and democracy and fundamental rights for their citizens.
- The respect of the European treaties.
- The complete withdrawal of this report.
Thank you for your serious consideration.
