Luxembourg Court of Justice and the European Court of Human Rights

Written Question No. 373

Doc. 7852

26 June 1997

by Lord KIRKHILL

 

Lord KIRKHILL,

 

1.Referring to Recommendation 1324 on the Parliamentary Assembly contribution to the Second Summit of the Council of Europe where the Assembly reaffirmed that it rests within the European Court of Human Rights (ECHR) and no other body to give authentic interpretations of the standards embodied in the European Convention on Human Rights and thus to define the extent of the obligations incurred by the state parties;

 

2.Taking account that according to the draft Amsterdam Treaty it would appear that the Luxembourg Court of Justice will be explicitly empowered to deal with the respect of fundamental rights as guaranteed by the European Convention on Human Rights with regard to action of the EC institutions insofar as the Court has jurisdiction under the Treaties establishing the EC and under the Maastricht and the future Amsterdam Treaty,

 

3.    To ask the Committee of Ministers:

  1. If it considers that this could incite the Luxembourg Court of Justice to extend its existing case law regarding respect for fundamental rights in Community law;

  2. If it agrees that it would be even more worthwhile to introduce a proper mechanism for consultation between the Luxembourg Court of Justice and the Strasbourg Court of Human Rights;

  3. If it will take these matters into account in preparing the Second Council of Europe Summit.

Signed:

Kirkhill, United Kingdom, SOC