Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-09-26-Speech-3-201"
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"en.20070926.17.3-201"2
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"Mr President, Parliament adopted a resolution on this issue, the Council of Europe adopted another text on this same issue, clear and explicit in all areas, but those of us with some legal knowledge are aware, and it comes as no surprise to us – I say this with a certain amount of irony – that there is a rule of law, especially criminal law, whereby no one is obliged to make self-incriminating statements. This is what surprises us: that the Council and all the governments are applying it to themselves.
In this case, instead of taking action they have decided to remain silent, like the man in the dock who does not defend himself but refuses to accept the charges by simply remaining passive and silent.
It is shameful to see the Council as an institution and all its members acting in a collective fashion, collectively availing themselves of the law used by defendants in court. Institutional silence concerning responsibility, whether active or passive, through actions or through negligence, through conviction or the fear of causing problems following pressure from an ally nation: this silence is one of the major disgraces of the democratic context we live in today, and it affects all those involved.
It is likewise difficult to apply mechanisms of responsibility in the European Union, because the mechanisms are not intended to be used against all Member States acting to protect themselves in a reciprocal fashion.
Certainly no one imagined when the Treaty was drawn up, when Articles 6 and 7 were being drafted, that we would find ourselves in a situation where we would not be discussing infringements of fundamental rights, or passiveness concerning the defence of fundamental rights by a government, but by a European institution: the Council as such remaining a passive accomplice, with the complicity of all Member States. That situation was never envisaged, and this truly affords it protection.
We have no legal mechanisms to take action against this, but I wish to tell the Council representative that History will clarify matters, because History will always bring to light the shame of this time when, on the pretext of protecting our freedom, all the concepts on which this European Union was founded have been jeopardised."@en1
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