Treaty protocols will incorporate preoccupations of member states

THE following are some of the national preoccupations that will end up in a miscellaneous collection of protocols or declarations…

THE following are some of the national preoccupations that will end up in a miscellaneous collection of protocols or declarations appended to the Amsterdam Treaty. Protocols have legal effect, whereas declarations are largely political.

Extradition

Spanish-prompted provision on asylum. The Spanish argued that as mutually recognised democracies, all equally respectful of the rule of law, the member states should not offer political asylum to citizens of other member-states.

Reluctant to give carte blanche to governments which until recently may not have had the best record of controlling their police negotiators, reminded the Spanish of their obligation to allow asylum tinder the European Convention on Human Rights (ECHR). The text now does so, too, acknowledging only that refusal to extradite will be exceptional and establishing the right of a state to complain to the Council of Ministers if it believes that ECHR rights are not involved.

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Minimum sentences

The long-running row between France and the Netherlands about the latter's liberal drugs policy has focused on an attempt to force harmonisation of severe sentences for drug offenders. A Dutch declaration, however, makes clear that states which do not have provision in law for minimum sentences do not have to apply them.

Hot Pursuit

Conditions under which member-states will be allowed to pursue criminals into another's territory will be set out by the Council of Ministers, acting unanimously.

Animal Welfare

A protocol dating from the days when the British government believed the treaty should incorporate animal rights but not human ones. It expresses the desire of the Union to "improve protection and respect for the welfare of animals as sentient beings". The Union shall pay full regard to the welfare requirements of animals while respecting "religious rites, cultural traditions and regional heritage".

The wording, diplomats say, means halal butchering can not be banned and that bullfights are probably secure. The Belgians secured the reference to "regional heritage", understood to be seen as protecting the "Belgian blue" cattle, whose meat is highly prized but whose breeding requires all calves to be delivered by Caesarean section.

The Churches

Eyebrows were raised when the Belgians suggested adding protection for "philosophical and non confessional organisations".

Who could they be referring to? The masons, no less, of whom their king is a prominent member. They were told, politely, "No".

Death Penalty

An Italian wish to rule out the death penalty ends up as a declaration reminding states of their obligations under Protocol 6 of the ECHR, which provides for the abolition of the death penalty.

The declaration also notes that since the signature of the protocol in 1983 "the death penalty has been abolished in most of the member-states and has not been applied in any of them."

The black sheep? Britain still has the death penalty for treason.

Public Service Broadcasting

At the instigation of Ireland, Belgium, Sweden and Germany a protocol copper-fastens state subsidies of national TV stations in the face of a Portuguese legal challenge to it in the European Court.

Patrick Smyth

Patrick Smyth

Patrick Smyth is former Europe editor of The Irish Times