Fri 06 Jun 2007The EU charterThe enthusiasm for the EU's Charter of Fundamental Rights
manifested in the Dáil on Wednesday by Taoiseach Bertie Ahern
was welcome and has provided some reassurance that Ireland will not
seek to dilute its application in this jurisdiction. Mr Ahern
insisted that Ireland's formal reservations on protocols to the
charter, which it registered last weekend in the mandate for the
negotiation of the EU treaty, were merely precautionary and
intended to give lawyers a proper chance to look over the effect
late-night British textual additions might have on our legal
system. "We have no difficulty with the scope and application of
the charter," he told TDs.Although the charter - despite its broad sweep of fundamental
rights - is intended to cover only the work of the EU and its
institutions, albeit in the member states, the British government
had become convinced that the European Court of Justice and its own
courts might use its provisions to extend workers' rights to
organise and strike in workplaces generally. The charter's place in
the new treaty was thus one of the red line issues on which Tony
Blair had set out to do battle in Brussels. He had hailed as a huge
success the summit acceptance of a special British protocol
providing that the rights enumerated in the charter would not be
enforceable or justiciable in the UK unless already provided for in
domestic legislation.