10Principles4Treaty 5

From Noeuconstitution

5. IMPROVE FUNDAMENTAL RIGHTS

Any new Treaty must be established on the basis of or as an improvement to the most progressive fundamental rights already existing in international treaties, especially the International Bill of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Turin version of the European Social Charter and the European Code of Social Security. Guaranteeing fundamental rights in the Treaty is a necessary step. However, in the EU Charter of Fundamental Rights, anchored in the CT, important basic rights are missing, some are watered down in their wording, strongly limited by the explications in the final act, or cannot be claimed in court. For these reasons, cannot be called fundamental rights.

The European Attacs demand:

• Fundamental rights as listed in the ECHR, in the European Social Charter and the European Code of Social Security must be enforceable through national or European courts.
• The EU must accede to the ECHR so that its institutions are also subject to the European Court of Human Rights.
• It must be explicitely clarified that these fundamental rights as well as the principles of the Treaty take priority over all other EU primary and secondary law.
• Fundamental rights must not be restricted by national or EU law or by the personal interpretation of a Convention’s Presidency.
• Any new Treaty shall stress that every person must be guaranteed equal access tosocial and labour rights, regardless of the country of origin.
• European citizenship must be given to all residents in Europe.
• The aforementioned rights must also be respected in the external policies of the EU (e.g. security policy, migration policy, environmental policy, trade policy).