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DIANA WALLIS MEP WELCOMES PROPOSAL TO BEEF UP THE ROLE OF THE COURT OF JUSTICE
June 29, 2006 12:00 AM
Liberal Democrat Legal Affairs Spokeswoman Diana Wallis MEP, commenting on yesterday's Commission's proposal to enhance the role of the European Court of Justice on matters relating to asylum and immigration, said:
"This is very good news and I urge the Member States to adopt this decision. The European Court of Justice is the only body competent to quash a Community act, for example in cases of violation of fundamental rights. It is a nonsense that only national courts of last instance are able to refer to the ECJ for guidance on the interpretation of rules which affect such sensitive areas with regard to civil liberties.
"Persons protected by this measure include asylum seekers, third country nationals, minors - people who often do not have financial means to exhaust national procedures and who need rapid legal guidance".
Commenting on the Commission's proposal to increase European powers to tackle terrorism and major crime, she added:
"The decision to end veto on cross border crime fighting is long overdue but this must go hand in hand with an adequate protection of individual liberties.
Strengthening judicial protection in criminal and asylum matters will not resolve the gaping hole left by the absence of a Charter of Fundamental Rights in the treaties, as was foreseen in the Constitutional Treaty, but will contribute to make Europe a safer place to live".
ENDS
Note to editors
The European Commission yesterday issued a proposal to adapt the provisions of Title IV of the Treaty relating to the jurisdiction of the Court of Justice with a view to ensuring more effective judicial protection.
It is proposed to delete article 68. According to this provision, the Court of Justice competence in areas relating to visas, asylum and immigration is limited to questions of interpretation of a Community act raised by the House of Lords only or any other final national Court of Appeal. In addition, the ECJ does not currently have a jurisdiction role on measures relating to the maintenance of law and order and safeguarding of internal security. This too would be changed by the proposal.
The Commission has also proposed to shift criminal justice cooperation from veto procedure to qualified majority voting and partnership with MEPs. Should this proposal be adopted by the institutions, the role Court of Justice will also be strengthened with regard to measures such as against terrorism, organised crime, trafficking and child pornography.
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