2004.010 D010 - Defects
of the draft European Union Constitution
The EU Constitution will affect us adversely in many ways. I
pick just one, its bad effect on our laws.
The draft Constitution states that the EU and member states shall
recognise the rights, freedoms and principles stated in the Charter
of Fundamental Rights (‘CFR’) set out in Part II of
the draft. This contains a set of rights which is very similar,
but not identical, to those which are set out in the 1950 European
Convention on Human Rights (‘ECHR’) and enforced by
Tony Blair’s Human Rights Act of 1998.
Conflict is bound to arise between the ECHR and CFR because they
state things differently and will be administered by different
courts, the ECHR by the European Court of Human Rights in Strasbourg
and the CFR by the Court of Justice of the European Communities
at Luxembourg. The results of this conflict will be disastrous
for the rule of law. Rules carefully and precisely drafted in
Whitehall will be ‘read down’ in unpredictable and
contrary ways. Appeal courts will reverse lower courts, and the
law will be in greater disarray than it is already.
Does this matter? Yes, because until differences are ironed out
(involving much cost and delay) the law in question will not be
ascertainable and its effect will be uncertain.1
