EU judges implement the rejected EU Constitution
From Anne Palmer
EU judges implement the rejected EU Constitution
The European Court of Justice in Luxembourg has implemented a very important part of the draft and rejected EU Constitution by allowing the European Commission to decide on penal code questions.
Until now the questions of the Court case penal code could only be regulated by intergovernmental cooperation leaving the sovereignty by the national parliaments. The 25 governments agreed to include penal code questions in their draft constitution so that the penal code part of a law could be regulated the same way as other parts of a law.
This basically means that the Commission as the main rule establishes a proposal which will be decided upon by a qualified majority in the Council where a Member State no longer has the right to veto.
This system was formally rejected by the French and Dutch voters when they returned the proposed Constitution. The European Court has now rejected the referendums and has implemented it anyway. By doing this the judges are in breach with the principles of law and order - and e.g. the Danish Constitution.
The Danish voters have never transferred penal code powers to Brussels. The verdict from the European Court can only be legal in Denmark if it is approved by 150 of the 179 members in the Danish parliament or is sent for approval in a referendum.
The Danish High Court and all other Danish authorities are obliged to disregard the European Court verdict. It is null and void in Denmark, since it is an illegal decision outside the community competence.
The Danish government should now inform the European institutions and the other Member States about the EU Court’s breach of law and the consequences the Danish government will have to take in order not to breach the Danish constitution.
See the court verdict below.
Website: Amendments proposed during the European convention
Report: The court verdict
