Years ago, shortly before the creation of Frontex (the EU’s border control agency) and the big EU enlargement of 2004, I discussed the future of EU borders policy with a senior German civil servant. Anxious about the forthcoming enlargement of the EU (and,in time, Schengen), his vision was that every Lithuanian or Polish border post would be jointly staffed by a friendly German.
A very big effort is always made following commercial disasters such as shipwrecks or airplane crashes, and following humanitarian disasters such as earthquakes or tsunamis. A well-oiled system swings into operation, albeit that respect for the rights of the dead and their surviving family members, may not be the sole or main concern of those who are or may be responsible for the disaster, with commercial considerations normally playing a part. Nevertheless, full investigations take place. Conventions and protocols apply. There is painstaking collection of evidence and of data as a matter of routine, and there will be detailed reports, payment of compensation, and surviving family members will be enabled to identify, bury and mourn their dead.
(Council docs. 13689/02; 13689/02 add 1; and 13996/02)
The Charter should become part of the treaties, subject to a number of important clarifications made to its horizontal provisions as regards competence, limitation clauses, and rights other than those based on the EC/EU Treaties and the European Convention on Human Rights (ECHR). The European Union should also be granted competence to accede to the ECHR.
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