Monday, February 22, 2010

EU Constitution

Letter 02:

From http://www.timesonline.co.uk/tol/comment/letters/article428663.ece

From Mr James Wilson

Sir, Your correspondents of May 14 (see also letter, May 5) expressed two diametrically opposing views on the EU constitution, one supporting the interpretation of William Rees-Mogg and one supporting that of Neil Kinnock.

With respect, the view of either is irrelevant. The one view that will count will be that of the European Court of Justice, the judicial body given the task of interpreting the constitution. In decisions such as Francovich and Bonifaci v Italian State (1991), the court has made it abundantly clear that it will reach such decision as it chooses, irrespective of the particular wording of whichever constitutional document it is considering.

The correct answer to the question of how to interpret the constitution is therefore “anyone’s guess”.

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