Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-06-13-Speech-2-305"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2006-06-13"^^xsd:date2
dcterms:Is Part Of	lp_eu:Implications of Case C-176/03 (debate)2
dcterms:Language	"da"^^xsd:language2
lpv:document identification number	"en.20060613.28.2-305"2
lpv:hasSubsequent	lp_eu:2006-06-13-Speech-2-3062
lpv:speaker	lp:Ole Krarup2
lpv:spokenAs	unknown; Folkebevægelsen mod EU (2004-07-20--2006-12-31)3 member; Delegation for relations with South Africa (2004-09-15--2006-12-31)3 substitute; AFCO (2004-07-21--2006-12-31)3 member; CONT (2004-07-21--2006-12-31)3 member_of_the_bureau; EUL/NGL (2004-11-14--2006-12-31)3 member; LIBE (2004-07-21--2006-12-31)3 substitute; Delegation to the ACP-EU Joint Parliamentary Assembly (2004-09-15--2006-12-31)3
lpv:translated text	"Mr President, I rather think that the September judgment represents a very exciting challenge. I taught law for many years at various universities, and this report by the committee for which Mr Gargani was rapporteur would not be given particularly high marks by the Faculty of Law at the University of Copenhagen. Firstly, there is a contradiction, which is ignored. Point 47 of the judgment states that criminal legislation and the rules for dealing with criminal matters – that is to say criminal procedural law – do not fall within the Community’s competence. For all that, the judgment then takes a huge political leap forward by stating that this finding cannot, however, prevent the Community legislature from taking measures relating to the criminal law of the Member States under certain conditions in which such action is found to be necessary. It is my humble conviction that this procedure – whereby, in the absence of an existing legal base, we ourselves create a legal base on political foundations - is absurd. Moreover, it will most certainly meet with serious resistance in the best developed democracies in the European Union. In this connection I would be so bold as to refer to the Nordic democracies. These countries will not join a system that can manipulate the legal base in such a way, quite apart from the fact that it is, of course, perfectly reasonable for criminal legislation and procedure to fall within the competence of the Member States, this being – as was also said at the start – a state of affairs that, to a large degree, reflects a legal tradition that cannot be harmonised and should not be dictated. There is therefore no legal base, and I would for that reason recommend voting in favour of the amendment tabled by the Independence and Democracy Group."@en1

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