Letters | Sunday, 15 November 2009

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Lisbon gives primacy to ECHR case-law

In your article entitled “Myths and misconceptions about the Italy ruling” (8 November, 2009), you state that the European Courts of Human Rights has got nothing to do with the European Union. Technically this is correct – yet ECHR case-law will become part and parcel of EU Law, which thanks to the Lisbon Treaty will have primacy on local law.
I quote from the EU Charter of Fundamental Rights: “This Charter reaffirms, with due regard for the powers and tasks of the Union and for the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights.”
There isn’t much to add to that statement – it’s black on white – ECHR rulings do have a bearing on EU law to which we are now subservient.

John Spiteri
General Secretary,
Azzjoni Nazzjonali

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