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Mr Dalli's Fundamental Rights
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Mr Dalli's Fundamental Rights


Here are some more news on the controversy surrounding Mr Dalli who is currently a Commissioner or an ex-Commissioner, depending on whom one believes; 1,2,3.

The way in which Mr Dalli was kicked out of the Commission, to put it bluntly, raises concerns about his fundamental rights. The TFEU does give the President a right to dismiss Commissioners, but that must be exercised lawfully, without violating other rights that are guaranteed by the same Treaty.

"Article 30

Protection in the event of unjustified dismissal

Every worker has the right to protection against unjustified dismissal, in accordance with Community law and national laws and practices."

The Court of Justice has developed a broad definition in its jurisprudence, which will probably apply to Mr Dalli.

"Article 41

Right to good administration

1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union.

2. This right includes:
. the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
. the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
. the obligation of the administration to give reasons for its decisions.

3. Every person has the right to have the Community make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States."

Consider Article 41(1). Forty five minutes to respond to a report that took half a year to compile is not "a reasonable time".

What about Article 41(2)? It is open to interpretation whether the conversation was a "hearing" or the announcement of an already taken decision. Had there been a hearing and an announcement 24 hours later, the constitutional law of the EU would have been better respected.

What about "the right of every person to have access to his or her file"? Reading the cover letter of a lengthy report is not enough to satisfy this requirement.

Then there is "the obligation of the administration to give reasons for its decisions". That means laying out proven facts and using logical arguments to connect them with legal rules, something which did not happen.

Unless the prosecution in the Maltese trial of Mr Dalli manages to win, "the right to have the Community make good any damage caused by its institutions or by its servants in the performance of their duties" will make European taxpayers liable for back salary, plus compound interest and punitive damages. None of this money will be deducted from the salary of hasty Mr Barroso.

White collar crime is a threat to Europe that needs to be combatted vigorously. Corruption in the highest offices, those charged with drafting Europe's laws, is in effect high treason. But detecting such crimes is complex and requires much patience. Even if a criminal conviction against Mr Dalli is eventually obtained, Mr Barroso has handled this affair in an unprofessional manner. By running roughshod over the suspect's fundamental rights he has weakened his own case and helped those who misuse their EU posts. Now they will scream "I was framed. Framed!" when OLAF catches them with their sticky hands in the cash drawer.

OLAF's job has always been difficult. Mr Barroso's hysterical over-reaction, to what may eventually prove to be a valid accusation, has made OLAF's work nearly impossible. Should Mr Dalli be exonerated, the President will possibly have to resign. The chief of Europe's law drafters is only fit for his office if he actively defends the citizens' rights.

None of this is a retreat from what we wrote earlier. We treated the case more properly than our ultimate boss, namely as an open question to be settled by due process of law. We continue to despise Mr Dalli's cruelty to transported animals and hope that he will choke on his Frankenstein food.

However, the Charter applies to all of us.


Created by: admin last modification: Sunday 04 of November, 2012 [22:22:37 UTC] by admin


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