OF THE EUROPEAN UNION, text of 2000
http://www.europarl.europa.eu/charter/pdf/text_fr.pdf
When you consult this Charter, available in .pdf on the Union website (see link above), you can read in Article 2 (page 9):
“Right to life
1. Everyone has the right to life.
2. No one may be condemned to the death penalty or executed. ”
The sentence is clear and nothing in this text refers to an annexed document or to a possible comment. And yet, we will find in another document entitled “Explanations relating to the Charter of Fundamental Rights” this passage: http://eur-lex.europa.eu/fr/treaties/da ... 001701.htm
3. The provisions of article 2 of the Charter correspond to those of the abovementioned articles of the ECHR and the additional protocol. They have the same meaning and the same scope, in accordance with Article 52 (3) of the Charter. Thus, the “negative” definitions which appear in the ECHR must be considered as also appearing in the Charter:
a) Article 2, paragraph 2, of the ECHR:
"Death is not considered to be inflicted in violation of this article in cases where it results from the use of force made absolutely necessary:
a) to defend all persons against unlawful violence;
(b) to effect a lawful arrest or to prevent the escape of a lawfully detained person;
(c) to suppress, in accordance with the law, a riot or insurrection. "
So, if I understood everything correctly:
No, the Lisbon Treaty does not reintroduce the death penalty in criminal courts.
Yes, it completely challenges the right to life by legally authorizing death in the event of a riot or insurrection. On the one hand, legal death in a situation of repression is simply unacceptable. On the other hand, should we remember who rebels, rebels, and why? Will we accept the “legal” death of the next “Contis” under European legitimacy the day when, for one more financial escapade, they will stone their bosses under outsourced rims?
Arx Tarpeia Capitoli Proxima.
That we feel obliged to hide it in annexes to documents annexed to the Lisbon Treaty must worry us, must make us react, as well as the lack of questioning of the Treaty following the refusal by Referendum, and the way we change simply its communication, or even Irish constitutional laws so that the argument is now invalid. All this European rhetoric is to be denounced.
EDIT: an analysis by a law professor who disputes it, on mecanopolis.org: http://www.mecanopolis.org/?p=9506, an extract :
Can you imagine a reason why we make this kind of decision?
Governments clearly expect insurgencies. Skepticism towards governments and the European apparatus continues to grow. The financial and economic crisis increases the pressure on the population.
So we intend to shoot the demonstrators?
This is what it seems.
source: http://danslesfers.wordpress.com/2009/0 ... e-de-mort/
See here : http://www.aidh.org/Biblio/Text_fondat/FR_04.htm