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Document selected : B7-0278/2009

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Debates :

PV 15/12/2009 - 20
CRE 15/12/2009 - 20

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further to Question for Oral Answer B7‑0238/2009

pursuant to Rule 115(5) of the Rules of Procedure

on defence of the principle of subsidiarity

Monika Flašíková Beňová, Claude Moraes, David-Maria Sassoli on behalf of the S&D Group

European Parliament resolution on defence of the principle of subsidiarity  

The European Parliament,

–   having regard to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights (ECHR),

–    having regard to Articles 2, 5 and 6 of the Treaty on European Union,

–   having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A. whereas the right to fundamental freedoms, such as the right to freedom of thought, conscience and religion, is enshrined in the EU Charter of Fundamental Rights and is therefore recognised by all Member States,

B.  whereas, according to Article 2 of the Lisbon Treaty, ‘the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities’,

C. whereas Article 6.3 of the Lisbon Treaty states that ‘fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law’,

1.  Recalls that the Member States, on the basis of the principle of subsidiarity, are required to respect and apply human rights and fundamental freedoms as already enshrined in the ECHR and in the Charter of Fundamental Rights at national level;

2.  Believes that Member States can regulate at national level issues relating to conflicts between human rights by finding the most appropriate ways of addressing individual rights, avoiding any discrimination and thus minimising appeals to courts at national and international level;

3.  Affirms that freedom of thought, conscience and religion are fundamental values that form part of the basis of every modern and democratic society;

4.  Respects the principle of subsidiarity and calls for recognition of this principle by all European institutions and international organisations, including the freedom of Member States to exhibit any religious symbol in public;

5.  Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States and the Council of Europe.

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