By the Chart of Fundamental Rights of the European Union killing people in riots is allowed . “Obviously the governments expect riots ” , commented the constitutional lawyer Prof. Karl Albrect Schachtsschneider.
Significant reactions or an outcry in the mainstream press does not exist in relation to this scandalous situation until today . Neither of our ” do-gooders politicians ” who indeed are otherwise so attentive to the observance of human rights . But obviously this is only if you can point the finger at others.
But the fact is : The death penalty can be reintroduced in the EU and also at demonstrators it can be shot with live ammunition in the event of a crisis .
The Official Journal of the European Union ( C 303/17 to 303/18 , 14.12.2007 ) published Notes on the Charter of Fundamental Rights in relation to the death penalty . It states with regard to Article 2, paragraph 2 right to life : ” Deprivation of life shall not be regarded as a violation of this Article , if it is caused by a use
a) To defend Someone from unlawful violence ;
b) To arrest someone lawful or anyone to whom liberty has been restricted legally , to prevent from escaping ;
c) To stop a riot lawfully.
In the commentary on Article 2 of Protocol No. 6 to the ECHR ( European Convention on Human Rights ) states bluntly : “A State may provide in its law for the death penalty for acts committed in time of war or imminent threat of war ; such penalty shall be applied with its provisions only in the cases provided for in the law , and in accordance … “
of the fundamental rights, contrary to the possibilities offered by the principle of human dignity abolitionist in Germany (Art. 102 GG), Austria and elsewhere, the reintroduction of the death penalty in time of war or immediately threat of war, but also the killing of people to quell an insurrection or a riot. Decisive for this is not art. 2 para. 2 of the Charter, which prohibits the sentencing to the death penalty and the execution, but is incorporated into the treaty declaration to this article, which originates from the Convention on Human Rights from 1950. Under Art. 6 para. 1 subpara. 3 TEU in the Lisbon version the rights, freedoms and principles of the Charter under the general provisions of Title VII of the Charter, in which the interpretation and application thereof is regulated.
When asked whether the politicians were aware of what they agreeing to , Schachtschneider replied : “Maybe not all . But at least the CDU / CSU parliamentary group did . I distributed a separate five -page summary of my suit , so that Members must not read too much . Even to the SPD , the problem is likely to be known because of its deputies , namely Prof. Meyer , has tried to Prozent the rules. Obviously the goverments expect riots . The skepticism towards the governments and the EU apparatus is increasing. The financial and economic crisis is increasing the pressure on the population . “
This Lisbon’s treaty is in force since 1 December of 2009 .