Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-12-15-Speech-2-360"
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"en.20091215.21.2-360"2
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"Madam President, I would have been only too happy to have listened to Mr Mauro, but he will be able to take the floor after me.
I am obliged to adhere to a number of rules of law. The Commission is very committed to freedom of thought, conscience and religion, as laid down in Article 9 of the European Convention on Human Rights and Article 10 of the Charter of Fundamental Rights of the European Union. However, it is true that the Commission can act only within the context of applying EU law. The fact is, within the EU, national laws on religious symbols in public buildings come under the domestic legal system of the Member States.
The principle of subsidiarity is to be applied within the context of the Union. It is true that this principle of subsidiarity does not apply to the implementation of judgments by the European Court of Human Rights, the international court in charge of enforcing the European Convention on Human Rights. It is true that the responsibility for implementing European Court of Human Rights judgments lies with the Council of Europe. It is also true that the implementation of European Court of Human Rights judgments is mandatory for all States that are party to the European Convention on Human Rights, and Italy, like any other party involved in this case, has the right, under Article 43 of the Convention, to request a transfer of proceedings to the Grand Chamber within three months of the date of the judgment. According to the information we have – the information we have read in the press – the Italian State is using its right to appeal before the Grand Chamber.
Those are the points that I wanted to clear up. With regard, once again, to European Union law, we are dealing in this case with the domestic legal system of the Member States. That being said, I cannot answer for the Council of Europe or for the European Court of Human Rights, which have issued a decision that I understand may raise some issues for Parliament.
That is what I can honestly say, but I am going to listen carefully to the speeches that follow."@en1
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