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Speech by the European Ombudsman, Jacob Söderman to the European Convention, Brussels, 27-28 February 2003
Speech - Speaker Jacob SÖDERMAN - City Brussels - Country Belgium - Date Friday | 28 February 2003
I would first like to say “thank you” to the drafters. You have carried out a difficult task and the results are positive.
In drafting Article 7, in particular, you have achieved what the Laeken declaration wanted. That is, bringing Europe closer to its citizens. The constitution itself presents citizenship in terms of concrete rights, not just as a legal abstraction.
European citizens believe that the Union is too secretive and bureaucratic. My experience as European Ombudsman is that the situation is better than is often believed. However, it is important not to go backwards from the present Treaties. I therefore propose to add to Article 1 the phrase in the existing Union Treaty that decisions are taken as openly as possible and as closely as possible to the citizen.
I also proposed to add “good administration” as an objective of the Union. However I am happy to support instead the better proposal of Mr Dick ROCHE to add the right to good administration as a right of citizenship in Article 7.
Finally, Article 5 (2) gives the possibility for the Union to accede to the ECHR. This is a great step forward for citizens. However, as currently drafted, this provision would bar the Union from acceding to any other international human rights agreements.
Examples of such agreements are: the Council of Europe Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment; United Nations instruments such as the Universal Declaration of Human Rights, and the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights. The International Labour Organisation has also produced human rights instruments such as the Convention on the Worst Forms of Child Labour.
I believe that the Constitution should leave open the possibility for the Union to follow the good example of most of the Member States by also joining these international agreements for the protection and promotion of human rights.
Thank you for your attention.