§ Mr. MacShaneTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will list those constitutional traditions which are common to the member states of the EU, as described in the preamble to the draft Charter of Fundamental Rights. [138659]
§ Mr. VazThe preamble alludes to Article 6(2) of the Treaty on European Union. In accordance with this Article, Community law includes principles which are drawn from those recognised in the constitutions and legal systems of all the member states. Article 6(2) of the TEU does not define the constitutional traditions which are common to the member states, but the case law of the European Court of Justice indicates that they are to be considered on a case-by-case basis in relation to the particular legal tradition in the member states. In most cases, the fundamental human rights concerned are found in the provisions of the European Convention on Human Rights, which all member states are party.