EU quotes
Civil Liberties:
{LIBE}Committee on Civil
Liberties, Justice and Home Affairs, 18 October 2004
PROPOSAL FOR A RECOMMENDATION TO THE COUNCIL on the European
strategy on fighting drugs (2005-2012)
"G. believing that the
risk represented by drugs should be analysed from a purely
scientific point of view, minutely examining objective and
comparable data and avoiding any kind of ideological approach, as
the best way of solving the many problems linked with drugs,
... the Council ... should:
(a) establish a genuine European drugs policy, for all European
citizens, which tackles the problem from all points of view...;
(b) take account of the fact that the six main objectives set by
the EU Anti-Drug Strategy (2000-2004), show that only one of them
achieved favourable results;
(c) conceive and formulate the new European Drugs Strategy
(2005-2012) in a radically different way from the strategy
currently in force ... with all its continually demonstrated
global ineffectiveness;
(g) not to adopt the new European Drugs Strategy (2005-2012)
without knowing the real results achieved by the previous
Strategy;
(j) propose measures totally different from those currently
selected ... since the relevant proposals are utterly inadequate;
(l) change the elements comprising the draft EU Drugs Strategy
since they do not correspond to objective reality, ..irredeemably
doomed to fail to achieve the objectives set;
(o) lay much greater stress on prevention and the rehabilitation
of the health of people affected by drugs, who are often in
situations of marginality and social exclusion, rather than on
the failed repressive strategy which has on occasion led to
violation of fundamental human rights;
(q) define and exponentially step up the involvement and
participation of civil society in resolving drug-related
problems".
Competition:
The rules on competition are
intended to ensure that a European economic area based on market
forces can function effectively. The European Community's
competition policy (Articles 81 to 89 of the EC Treaty, formerly
85 to 94) is based on five main principles:
- the prohibition of concerted practices, agreements and
associations between undertakings which may affect trade between
Member States and prevent, restrict or distort competition within
the common market;
- the prohibition of abuse of a dominant position within the
common market, in so far as it may affect trade between Member
States;
- supervision of aid granted by the Member States, or through
State resources in whatever form whatsoever, which threatens to
distort competition by favouring certain undertakings or the
production of certain goods;
- preventive supervision of mergers with a European dimension, by
approving or prohibiting the envisaged alliances;
- liberalisation of certain sectors where public or private
enterprises have hitherto evolved monopolistically, such as
telecommunications, transport or energy.
http://europa.eu.int/scadplus/leg/en/cig/g4000c.htm#c38
Human Rights:
Article 6 of the Treaty on
European Union
1. The Union is founded on the principles of liberty,
democracy, respect for human rights and fundamental freedoms, and
the rule of law, principles that are common to the Member States.
http://europa.eu.int/comm/justice_home/unit/charte/en/rights.html
Charter of Fundamental Rights:
Article 49
Principles of legality and proportionality of criminal offences
and penalties
3. The severity of
penalties must not be disproportionate to the criminal offence.
Article 52
Scope of guaranteed rights
1. Any limitation on the
exercise of the rights and freedoms recognised by this Charter
must be provided for by law and respect the essence of those
rights and freedoms.
2. Subject to the principle of proportionality, limitations may
be made only if they are necessary and genuinely meet objectives
of general interest recognized by the Union or the need to
protect the rights and freedoms of others.
Article 54
Prohibition of abuse of rights
Nothing in this Charter
shall be interpreted as implying any right to engage in any
activity or to perform any act aimed at the destruction of any of
the rights and freedoms recognised in this Charter or at their
limitation to a greater extent than is provided for herein.
Article 41
Right to good administration
1. Every person has the
right to have his or her affairs handled impartially, fairly and
within a reasonable time by the institutions and bodies of the
Union.
2. This right includes:
- the right of every person to be heard, before any individual
measure which would affect him or her adversely is taken;
- the right of every person to have access to his or her file,
while respecting the legitimate interests of confidentiality and
of professional and business secrecy;
- the obligation of the administration to give reasons for its
decisions.
3. Every person has the right to have the Community make good any
damage caused by its institutions or by its servants in the
performance of their duties, in accordance with the general
principles common to the laws of the Member States.
4. Every person may write to the institutions of the Union in one
of the languages of the Treaties and must have an answer in the
same language.
Article 6
Right to liberty and security
Everyone has the right
to liberty and security of person.
Article 7
Respect for private and family life
Everyone has the right
to respect for his or her private and family life, home and
communications.
Article 11
Freedom of expression and information
1. Everyone has the
right to freedom of expression. This right shall include freedom
to hold opinions and to receive and impart information and ideas
without interference by public authority and regardless of
frontiers.
Article 16
Freedom to conduct a business
The freedom to conduct a
business in accordance with Community law and national laws and
practices is recognised.
Article 17
Right to property
1. Everyone has the
right to own, use, dispose of and bequeath his or her lawfully
acquired possessions. No one may be deprived of his or her
possessions, except in the public interest and in the cases and
under the conditions provided for by law, subject to fair
compensation being paid in good time for their loss. The use of
property may be regulated by law insofar as is necessary for the
general interest.
Article 1
Human dignity
Human dignity is
inviolable. It must be respected and protected.
Article 2
Right to life
1. Everyone has the
right to life.
2. No one shall be condemned to the death penalty, or executed.
Article 3
Right to the integrity of the person
1. Everyone has the
right to respect for his or her physical and mental integrity.
2. In the fields of medicine and biology, the following must be
respected in particular:
- the free and informed consent of the person concerned,
according to the procedures laid down by law,
- the prohibition of eugenic practices, in particular those
aiming at the selection of persons,
- the prohibition on making the human body and its parts as such
a source of financial gain,
- the prohibition of the reproductive cloning of human beings.
Article 20
Equality before the law
Everyone is equal before
the law.
Article 21
Non-discrimination
1. Any discrimination
based on any ground such as sex, race, colour, ethnic or social
origin, genetic features, language, religion or belief, political
or any other opinion, membership of a national minority,
property, birth, disability, age or sexual orientation shall be
prohibited.
2. Within the scope of application of the Treaty establishing the
European Community and of the Treaty on European Union, and
without prejudice to the special provisions of those Treaties,
any discrimination on grounds of nationality shall be prohibited.
Article 22
Cultural, religious and linguistic diversity
The Union shall respect
cultural, religious and linguistic diversity.
Article 24
The rights of the child
1. Children shall have
the right to such protection and care as is necessary for their
well-being. They may express their views freely. Such views shall
be taken into consideration on matters which concern them in
accordance with their age and maturity.
2. In all actions relating to children, whether taken by public
authorities or private institutions, the child's best interests
must be a primary consideration.
Article 38
Consumer Protection
Union policies shall
ensure a high level of consumer protection.
http://europa.eu.int/comm/justice_home/unit/charte/en/charter-provisions.html
Drug misuse statistics: EU Justice
"There are an estimated 1.5
million problem users in the European Union (EU). The picture
varies between and within countries, with some areas facing
specific problems. Cannabis is the most widely used and available
drug: 40 % of 18 year olds have tried it".
http://www.europa.eu.int/comm/justice_home/fsj/drugs/fsj_drugs_intro_en.htm
Democratic feedback:
Petitions
The right of petition is the right which every citizen
of the European Union enjoys, individually or in association with
other citizens, to submit a request to the European Parliament or
to table a grievance before it on any subject which falls within
the spheres of activity of the Community and concerns him or her
directly (Articles 21 and 194 of the EC Treaty, formerly Articles
8d and 138d).
Parliament's Committee on Petitions considers whether such
requests are admissible. Where it sees fit, it may put a question
to the Ombudsman. When drawing up an opinion on a petition deemed
to be admissible, it may ask the European Commission to provide
it with documents or information.
The Treaty of Amsterdam added a new paragraph to Article 21,
stating that every citizen of the Union may write to any of the
institutions, including the Committee of the Regions and the
Economic and Social Committee, and to the Ombudsman in any of the
official Union languages (including Irish) and receive an answer
written in the same language.
See:
- Citizenship
of the Union
- Ombudsman
http://europa.eu.int/scadplus/leg/en/cig/g4000p.htm#p2
Transparency (access to documents)
The term
"transparency" is frequently used in Community language
to mean openness in the working of the Community institutions. It
is linked to a variety of demands for broader public access to
information and EU documents, greater involvement in the
decision-making process and more easily readable texts
(simplification of the Treaties, consolidation and better
drafting of legislation).
Complaints regarding a lack of transparency tend to reflect a
general feeling that the European institutions are remote and
secretive and that decision-making procedures are difficult for
the ordinary European citizen to understand.
With specific reference to access to documents, the Council and
the Commission adopted a code of conduct establishing common
principles for the two institutions following a Council decision
on 20 December 1993. On the basis of this code of conduct, the
two institutions incorporated specific provisions on access to
their documents into their rules of procedure.
The Treaty of Amsterdam has inserted a new Article 255 on
transparency in the EC Treaty. This gives all citizens of the
Union, plus all natural or legal persons residing or having their
registered offices in a Member State, the right of access to
European Parliament, Council and Commission documents.
This article was implemented by the Regulation of 30 May 2001,
which is not significantly different from previous texts, in that
it provides for two exceptions: cases in which access is
automatically refused (for reasons of public security, defence,
international relations) and cases in which access is refused
except where there is an overriding public interest in disclosure
(protection of commercial interests of a natural or legal person,
for example).
http://europa.eu.int/scadplus/leg/en/cig/g4000t.htm#t4
The Commission and Non
Governmental Organisations - Building a stronger partnership
[2000]
"The Commission remains therefore committed to respect the
following overarching principles in the management of NGO
projects and programmes:
· The need to respect diversity and heterogeneity of the NGO
community;
· The need to take account of the autonomy and independence of
NGOs;
· The need to take into account the specific need of NGOs,
depending upon the sector, size experience and track record of
the NGO(s) concerned;
· The need for greater openness and transparency, in particular
by providing information about Community grants and the
beneficiaries of these grants;
· The need to ensure that measures taken incorporate and promote
the European dimension of EU policies and related grants".
The European Commissions' ON
THE MID-TERM EVALUATION OF THE EU ACTION PLAN ON DRUGS
(2000-2004):
"the Helsinki European Council endorsed in December 1999 the
EU Strategy on Drugs for 2000-2004 setting out eleven general
aims...
The eleven general aims of the Strategy are to:
(a) ensure that drugs remains a top priority for the EU;
(b) ensure that actions are evaluated;
(c) continue the balanced approach to drugs;
(d) give greater priority to drug prevention, demand reduction
and the reduction of the adverse consequences of drug use;
(e) reinforce the fight against drug trafficking and to step up
police co-operation between Member States;
(f) encourage multiagency co-operation and the
involvement of civil society; ..."
The UN-WHO-EMCDDA’s International
guidelines for the evaluation of treatment services and systems
for psychoactive substance use disorders, 2000:
"Communication with interested parties:
Discussions with interested groups – such as clients of
treatment programmes – can be an invaluable means of
learning about the extent of support for the study, the direction
it should take and practical issues concerning its
implementation. Good communication with key stakeholders
throughout the implementation of an evaluation is vital and they
should be involved in an early discussion of findings and
implications. Discussions with all relevant stakeholders should
be held at the outset and their views and concerns sought
throughout the study. These discussions will help to formulate
the central questions to be addressed".
Improving EU regulations:
European Governance: Better
lawmaking [2002]:
"Promoting a culture
of dialogue and participation
Who is really consulted as part of the Community legislative
process? Are the smallest voices really and always heard? What is
the subject matter of consultation? And to what extent are
people's opinions actually taken into account? This is the
subject of the second communication, which gives practical
expression to the emerging culture of dialogue and
participation.
Based on broad experience of mandatory or informal consultation
exercises, five minimum consultation standards are set
out, to be applied by the Commission's departments. The purpose
is to enable the legislator to be sure of the quality, and
particularly the equity, of consultations leading up to major
political proposals. The move is motivated by three concerns: to systematise
and rationalise the wide range of consultation practices and
procedures, and to guarantee the feasibility and effectiveness of
the operation; to ensure the transparency of consultation
from the point of view of the bodies or persons consulted and
from the legislator's point of view; and to demonstrate accountability
vis-à-vis the bodies or players consulted, by making public, as
far as possible, the results of the consultation and the lessons
that have been learned".
EC’s Simplifying and
improving the regulatory environment:
"A – Strengthening consultation and prior impact
analysis
Each proposal for a legal act constitutes a commitment on the
part of the Commission. Having regard to the wider Community
interest, the Commission first of all conducts a prior evaluation
of the problem to assess the expediency of action at Community
level. It then conducts consultations with the parties concerned
and does impact analyses with a view to assessing which is the
most effective way of meeting the desired objectives, which is
the most appropriate instrument and, where appropriate, what
would be the cost and benefits. It might be that, at this stage,
Community action is not necessary.
To give the people of Europe more effective and more transparent
legislation, in accordance with the Protocol on the application
of the principles of subsidiarity and proportionality, the
Commission intends to improve these practices.
1) Consultations
The Commission already has access to appropriate instruments
(Green Papers, White Papers, consultations of the social
partners, forums and, increasingly, interactive Internet-based
consultation processes, etc.) and a wide range of bodies (e.g.
groups of experts and advisory committees) for consultation
purposes. It is also committed to publishing a full list as soon
as possible in the interests of transparency. The Commission also
takes into account, wherever possible, the opinions of the
Economic and Social Committee and the Committee of the Regions.
This is a unique and invaluable resource for the Commission, and
any improvement in the way it works will provide additional
guarantees for the public at large.
We have to go further along this path. The Commission now intends
to intensify these consultations, targeting representatives of
civil society and using the Economic and Social Committee and the
Committee of the Regions, and developing access for the general
public to databases so as to encourage online consultation (via
Eur-Lex et Pre-Lex).
Tobacco & alcohol:
"there is an increased risk
of respiratory illnesses for non-smokers involuntarily exposed to
the smoke of tobacco products. It is therefore necessary to
protect the right to health of non-smokers.
2. The Member States are therefore invited to take the following
measures by introducing legislation or by other methods in
accordance with national practices and conditions:
- ban smoking in enclosed premises open to the public which form
part of the public or private establishments listed in an Annex;
Member States may add to this list;
- extend the ban on smoking to all forms of public transport;
- provide, where necessary, for clearly defined areas to be
reserved for smokers in the above establishments and, if
possible, in public transport, particularly for long journeys;
- ensure that in the event of disputes, in areas other than those
reserved for smokers, the right to health of non-smokers prevails
over the right of smokers to smoke".
http://europa.eu.int/scadplus/leg/en/cha/c11506.htm
European Alcohol Action Plan
2000-2005
The objectives of the Plan
are to:
- generate greater awareness of, provide education in, and build
up support for public health policies that prevent harm from
alcohol;
- reduce the risk of alcohol-related problems that may occur in
the home, workplace, community or drinking environment;
- reduce both the breadth and depth of alcohol-related harm such
as fatalities, accidents, violence, child abuse and neglect, and
family crises;
- provide accessible and effective treatment for people with
hazardous and harmful alcohol consumption and those with alcohol
dependence;
- provide greater protection from the pressure to drink for
children, young people and those who choose not to drink alcohol.
Aims and context
The Plan aims to reduce the harm caused by alcohol. Nevertheless,
alcohol use by individuals and in the community cannot and should
not be isolated from other factors, not least the use of other
psychoactive substances.
Alcohol consumption is closely connected with a large number of
accidents and health hazards, and the number of people dying of
alcohol-related causes is closely associated with the total
consumption in that society.
www.euro.who.int/eprise/main/WHO/Progs/ADU/Policy/20020923_1
European Charter on Alcohol,
1995
Ethical principles and goals
In furtherance of the European Alcohol Action Plan, the Paris
Conference calls on all Member States to draw up comprehensive
alcohol policies and implement programmes that give expression,
as appropriate in their differing cultures and social, legal and
economic environments, to the following ethical principles and
goals, on the understanding that this document does not confer
legal rights.
- All people have the right to a family, community and working
life protected from accidents, violence and other negative
consequences of alcohol consumption.
- All people have the right to valid impartial information and
education, starting early in life, on the consequences of alcohol
consumption on health, the family and society.
- All children and adolescents have the right to grow up in an
environment protected from the negative consequences of alcohol
consumption and, to the extent possible, from the promotion of
alcoholic beverages.
- All people with hazardous or harmful alcohol consumption and
members of their families have the right to accessible treatment
and care.
- All people who do not wish to consume alcohol, or who cannot do
so for health or other reasons, have the right to be safeguarded
from pressures to drink and be supported in their non-drinking
behaviour.
Ten strategies for alcohol action
Research and successful examples in countries
demonstrate that significant health and economic benefits for the
European Region may be achieved if the following ten health
promotion strategies for action on alcohol are implemented to
give effect to the ethical principles and goals listed above, in
accordance with the differing cultures and social, legal and
economic environments in each Member State: