Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-30-Speech-3-206"
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"en.20051130.18.3-206"2
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"Mr President, that was an interesting contribution from Mr Batten. Speaking as a lawyer and a former Justice Minister in the United Kingdom, I have questions to ask Mr Frattini, and I will do so in an unemotional way, because I think this is a very interesting debate.
The competences of the European Court of Justice are undoubtedly a matter of considerable interest. I am interested in them, because as we develop areas in which the Court of Justice will have competence, we have to look at it in the relationship that it bears to the courts of the nation states in Europe and the competences that they carry in particular areas as well.
This is the first opportunity we have had to debate this important ruling and I accept that the Commission naturally has an obligation as guardian of the Treaties to consider carefully the implications of the judgment. I certainly believe in Member State competence and prerogatives when it comes to the general area of criminal law. I am sure that is a view shared by most of the Member States. There is an issue regarding the European Court of Justice approach to jurisprudence, and by and large I think it is fair to say that we would not favour judge-made law, which can in certain circumstances be anti-democratic. I do not think it should be a pretext either for the Commission and Parliament to seek to carry out an extension of powers which conflict with Member States’ rights.
However, it is important, particularly as we know that the European Court of Justice does have a clear competence in many areas, that the parameters of the competences of that court are clearly defined. It is important that it is spelled out very clearly to us how those competences will operate when set alongside those of national courts.
I have always been fascinated by the work of the European Court of Justice. I was in Washington recently when Justice Roberts was going through his grilling to become the Chief Justice. It was interesting to note that most of his
was based upon the American Constitution, his interpretation of it and his delivery of decisions based upon it. A limited area, you might think, but indeed the areas flowing from it were very extensive indeed. I was deeply impressed by the way that the incoming Chief Justice dealt with those competences and his relationship with the United States Constitution.
That is why I think it is now time for us to hear of the ambitions and interests of the European Court of Justice, how it defines its role for the future and how it does so with a minimum of inconvenience and conflict with the nation-state courts themselves. I will be very interested to hear what Mr Frattini would like to say on that particular point in his summing-up."@en1
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