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 <A
HREF="http://www.telegraph.co.uk/et?ac=004531117015112&rtmo=r99QFhkX&atmo=rrrr

rrrq&pg=/et/01/3/10/wfile10.html">Eurofile: EU suppression of criticism
smacks of fascism</A>
http://www.telegraph.co.uk/et?ac=004531117015112&rtmo=r99QFhkX&atmo=rrrrrrrq&p

g=/et/01/3/10/wfile10.html

Saturday 10 March 2001

Eurofile: EU suppression of criticism smacks of fascism

By Ambrose Evans-Pritchard

 THE European Court of Justice changed the political climate profoundly this
week by ruling that the European Union can suppress criticism to protect its
reputation.
Keith Vaz, the Europe minister, dismissed the matter as a minor staff case
involving Bernard Connolly, the British whistleblower, with no implications
for ordinary EU citizens. But Mr Vaz mixes up two separate cases. One is a
staff case, the other is a free speech case going far beyond the issue of
whether Connolly broke his contract at the European Commission by writing The
Rotten Heart of Europe.

The court ruled that the Commission could restrict criticism that damaged
"the institution's image and reputation", and that it could do so by
resorting to a legal device used by fascist governments to suppress dissent
in the 1920s and 1930s: "the protection of the rights of others". This ECJ
ruling defies half a century of case law by Europe's other court, the non-EU
Court of Human Rights in Strasbourg, as well as resurrecting the ancient
offence of "seditious libel" banned by the House of Lords.

The Human Rights Court has ruled repeatedly that governing bodies may not
restrict criticism in such a way. Specifically, the term "protection of the
rights of others" does not apply to public bodies. Last week's ruling shows
that the ECJ (despite paying lip-service) does not consider itself bound by
the European Convention on Human Rights, drafted by British lawyers after the
Second World War to safeguard liberty in Europe.

This is an extremely serious development because the EU's new Charter of
Fundamental Rights extends the ECJ's competence into the area of civil
liberties, transforming it from a commercial court dealing with single market
issues to a full-fledged supreme court. The ECJ has already begun referring
to the charter in its rulings, demolishing the British government's pretence
that the document has no more legal status than "the Beano".

The door could be soon be open for the ECJ to start ruling on free speech
cases involving ordinary EU citizens, or indeed involving Euro-sceptic
newspapers. We now have two rival sets of European rights law, overseen by
rival courts with very different views of civil liberty: the ECJ and the
charter on one side, set against the Human Rights Court and the convention on
the other. The battle is just beginning.




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