Severe Dutch Violations Against EU Charter of Fundamental Rights!

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Severe Dutch Violations Against EU Charter of Fundamental Rights!

Preparing a complaint with the European Commission and/or a petition to the European Parliament it is crucial to specify the violations of EU Law and of the EU Charter of Fundamental Rights.

See https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12012P/TXT

See also my earlier post about the Universal Declaration of Human Rights violations by the Dutch State…

Universal Declaration of Human Rights violated by Dutch Government and Royals!

And my rejected complaint(in vain) against the Netherlands at the European Court Human Rights

Verzoekschrift ECHR afgewezen!

I had not exhausted the legal possibilities in the Netherlands! But which are impossible when no Lawyer dares or is allowed to defend me, when I am not allowed to file charges, the police is secretly not allowed to officially file those charges, evidence is secretly deleted or manipulated, secretly they use State Security because the Dutch Royals are involved, a wife with an extra emotional personality by torture into a sex-slave, forced to cancel my lifelong legal aid insurance, falsely declared delusional and much more pure evil.

Causing the largest cover-up and conspiracy in the known history of the Netherlands!

See also mij resume complaint in a post to prof. Nils Melzer UN Special Rapporteur…

Prof. Nils Melzer UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

So here a draft of what I think are the most crucial violations of the Charter of Fundamental Rights, but only violations after December 1st, 2009 are valid!

When the charter is used

The terms of the charter are addressed to

  • the institutions and bodies of the EU
  • national authorities only when they are implementing EU law

For example, the charter applies when EU countries adopt or apply a national law implementing an EU directive or when their authorities apply an EU regulation directly.

In cases where the charter does not apply, the protection of fundamental rights is guaranteed under the constitutions or constitutional traditions of EU countries and international conventions they have ratified.

The charter does not extend the scope of the EU to matters not part of its normal remit.

EU Charter of Fundamental Rights

The entities obliged to respect the Charter

According to its Article 51(1), the Charter is binding on:

EU Institutions, bodies, offices and agencies

Any EU institution, body, office and agency is bound to respect the Charter, and so are their agents.

They must respect the Charter when adopting and applying EU acts, and, more generally, when they exercise the powers and tasks conferred on them by the EU Treaties (the TEU and the TFEU).

Examples of fundamental rights’ violations by the EU institutions, bodies, offices or agencies, or by an agent thereof, include:

  • the adoption of a legal act (for instance, an EU Directive or Regulation) that does not provide adequate safeguards as regards the treatment of personal data;
  • the refusal to grant access to documents;
  • an investigation by Commission officials seeking to ascertain the infringement of competition rules, contrary to the right to respect for private life.

Note that the Charter binds the EU institutions, bodies, offices or agencies also when they adopt or apply an act intended to have effects also, or exclusively, outside the EU. (KLM Co-Pilot King WA blocking my asylum above America!) Similarly, the Charter binds EU agents when they perform their duties outside the Union. Examples of acts covered by the Charter include:

  • an international agreement negotiated between the EU and the US concerning the exchange of personal data;
  • a decision of the Council of the European Union ordering the freezing of funds of an Iraqi national, or a legal person settled in Iraq.

Member States

The Charter can be invoked against Member States only when they are “implementing EU law”. Individuals must establish sufficient connection between an EU rule and the violating national legal provision for a claim to be raised. These rules are thus more restrictive than the rules for bringing a claim under the ECHR or against domestic constitutions for a breach of fundamental rights, where no such connection is required. The question arises then, what the ‘added value’ is of bringing a claim for breach of the Charter at national level. This added value is provided in a number of ways:

  1. The victim can avail herself of the different judicial and non-judicial means of protection provided for under Union law (see sections 5 and 5.1).
  2. The victim avoids certain procedural difficulties which are present when trying to bring a claim for a fundamental rights violation under the ECHR. For instance, before submitting a complaint to the ECtHR concerning a violation of the ECHR, a victim must first exhaust national remedies (ECHR refused my private complaint for that reason!) (on this rule and the limits to its application, see the Practical guide on admissibility criteria).
  3. A claim under the Charter can provide the victim of the fundamental rights violation with more effective protection in practice than other causes of action. For example, a finding of a fundamental rights violation under the Charter raises the duty on the national court to disapply any national act that is incompatible with the Charter or to interpret it in conformity with the Charter. (Like Queen Juliana/King WA secretly taking away my rights!) These remedies are potentially stronger than those provided on a finding of a breach of the ECHR by the ECtHR. Furthermore, there is the possibility of a victim receiving payment of damages by the Member State; a remedy which does not exist under other causes of action.
  4. A claim for breach of the Charter may be made against private individuals as well as the State. (Claim against King WA!) This kind of protection is not available under the ECHR (see section 8.1)

8.1 When private parties must respect the Charter

As we have seen in section 7, it is usually only EU institutions and the EU Member States who are expected to comply with the Charter. This implies that it is only in ‘vertical’ claims (between individuals and the EU institutions (King WA) or the Member States) that the Charter is relevant. However, there are certain instances in which the Charter may become relevant in ‘horizontal’ disputes – that is disputes between private parties. In certain instances, the actions of a private party may be deemed to be in breach of the Charter because the action of the private party follows a national provision which is not Charter compatible. (King WA in private blocking my asylum in America!) Here the CJEU has the power to set aside the conflicting national provision, and, by implication, find that the private party is in breach of fundamental rights.

There are only a few instances in which the CJEU has been willing to find that a Charter provision acts in this ‘horizontal’ way. The CJEU has found that one such provision is Article 21 (1), which prohibits discrimination on various grounds. For example, in Case C-555/07 Kükükdeveci, the CJEU found that a national provision on entitlement to notice on dismissal was in breach of Article 21 (1) of the Charter. This provision discriminated against younger workers who automatically received less notice than their older counterparts. It thus moved to set the national provision aside. The effect was that the notice rules imposed on a worker by her employer were found to be in breach of the Charter and thereby invalid. In this case, the findings of the CJEU had ‘horizontal’ direct effect in a dispute between private parties.

EU Laws breached?

I will do the violations of EU Law later, if there are any of course, all as always without any legal help! So chances of success are slim of course. But even if it does not apply, it still is a good indication about how horrifying my case is. But why do I have to do this without any legal help?

Possible violations:

  1. Treaty on the function of the EU
  2. A legal basis for the accession to ECHR was established when the Lisbon Treaty entered into force in 2009. Article 6(2) TEU states that the EU shall accede to the ECHR and hence, creates a legal obligation.
  3. EU Convention on Human Rights
  4. UNCAT

Still not sure what my complaint sent to the High Commissioner of Human Rights, specific prof Nils Melzer accomplished. No contact with them, only the cryptic

‘This is well received with thanks’

Here the post about that…

Prof. Nils Melzer UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Dutch Violations of Fundamental EU Rights in the Hans Smedema Affair

Here the most crucial violations I can find:

1 – Offered Asylum blocked by King WA

KLM Co-Pilot King WA lied and blocked the asylum I was offered on March 15th, 2017 in the air above Montana and so refused to make a small detour to let me out of the plane. This caused me to be put in innocent(!) detention for 13 months in the Netherlands on arrival on Schiphol Amsterdam. This after an earlier unfair political trial in 2016 with nobody for defense or others present as no lawyers dare to do this complex top level case! All (unfair political) trials against me for my defamation of the rapists of my wife were with no defense allowed! Most likely they secretly (ab)used State Security because of the involvement of the Dutch Royals. In both Canada and Mexico in 2013 the Dutch Justice warned them to send me back!

Article 19 – Right to Asylum is also for Dutch people, even in America.

Article 21 – non discrimination  2. nationality > monarchy?

2 – Civil and Human Rights secretly taken from me by Queen Juliana (Dutch: TBS?)

My Civil and Human Rights were secretly(!) taken away by Queen Juliana around 1973/5 commanding the Ministry of Justice to make sure there would never be an investigation or prosecution of rapists and other criminals involved. Most likely to protect my girlfriend/wife. I never(!) received the documents of that ruling that apparently placed me secretly(!) under Government control based on the lies by my pathological lying wife who was also programmed to say I did all negative things and was involved in the sale of her porn movies! (Dutch: TBS) Not even in 2000/4 (EU founded in 1993) when talking to my corrupt brother mr. Johan Smedema the secret leader! All evidence was apparently to be deleted or manipulated, hiding 3 children from 3 rapists, hiding me being made infertile in 1972 and much more evil. This made the case for State Security and made me defenseless, and my tortured(!) mentally sick(insanity) wife a defenseless(!) sex-slave. I am NOT allowed to file charges, the police itself(!) are not allowed to officially(!) file my charges, and even prosecutors are not allowed to investigate rapes, lawyers refuse, are misled I am delusional or are intimidated, or not allowed to help me legally because of State Security. I have had no legal representation since 2000 in the crucial main case which is the crucial context of me publishing all I know on my blog ‘hanssmedema.info’. And later in 2009, appeal case 2011/12 being sentenced for that without an effective lawyer while being secretly(!) drugged with an antipsychotic. And again defamation court case 2016 against me by rapist without anybody for defense present. No investigations allowed. Psychological torture since 2009 as I was not allowed to know what was going on and it took years to finally slowly understand it. So both before and enough crucial events after December 1st, 2009.

Article 20 – Equality before the law.

Article 21 – Non-discrimination

Article 3 –right to integrity of the person

Art. 4 –prohibition of torture and inhuman or degrading treatment or punishment

Art. 47 –Effective remedy, fair trial, legal help, tribunal

Art. 48 –presumption of innocence and right of defense!

3 – Medical & Healthcare torture and conditioning against my will

Medical & Health care torture: Prof.dr. Onno van der Hart(who denies this) secretly drugged me several times since 1975 and conditioned me secretly against my will and mutilated(!) my brain into a different avoiding and submissive dog-like behavior. Psychiatrist drs. Frank van Es lied and used the signature of my mentally(!) sick wife to give me secretly(!) an antipsychotic(hidden as daily baby aspirin 100mg) which caused me to become incapacitated and lose in weeks a top position earning 145.000 a year. All medici involved refused to give me the crucial information(files) I needed to fight back at the rapist and others behind this cover-up and conspiracy. They are not allowed to do that and it caused me to flee into exile in Spain in 2008 and ask asylum in 2009 in Florida and later in 2013/14 Texas and 2016/17 San Diego California for a total 3 times with total 15 months innocent detention. Earlier in 2003 I was tested and found normal at Dutch UMCG, but that crucial document disappeared suddenly(!) everywhere and was changed to the false Delusional. All medici refuse to give me insight in my medical dossier and refuse to give it in writing! A Forced medical dossier was stolen directly after(!) I signed for it around 2008, by Justice itself! Hiding evidence! After 2009 I still am not allowed to know what is going on and is hidden in the medical files which is after Dec. 1st, 2009.

Article 35 – Health care & prevention

Article 21 – Non-discrimination

Article 1 – human dignity!

Article 41 – Administration- a. heard before measures affect him, b. access to file, c. obligation reasons decisions.

Article 4 – prohibition of torture and inhuman or degrading treatment or punishment

Article 3 – right to integrity of the person, 1. Everyone has the right to respect for his or her physical and mental integrity. 2. In the fields of medicine and biology, the following must be respected in particular:  (a) the free and informed consent of the person concerned, according to the procedures laid down by law; 

4 – Denial of legal aid!

No legal help at all! All victim lawyers refused to talk with me, most likely being misled I was insane before(misleading) I contacted them! Ministry of Justice and/or Secret Service protecting the Royals and using the ruling from Juliana? Others the same. They refused, only famous lawyer Bram Moszkowicz did only(!) the defamation part(was allowed?) against me, but also refused the main crucial context case about why I was forced to defend myself publicly. Asylum judge Rex J. Ford/DOJ in 2009 specific confirmed I had that right under these extreme(!) circumstances. Still now and then since 2009 trying to get legal assistance but nobody dares to take on this huge case and the last years pro bono! Which is after Dec. 1st, 2009.

Article 21 – Non-discrimination

Article 47 – Effective remedy, fair trial, legal help, tribunal

Article 1 – human dignity.

Article 48 – presumption of innocence and right of defense!

5 – Denial of crucial information!

Crucial information needed to defend myself is hidden from me! A secret court case in Zwolle was held without my knowledge and I never got that apparently crucial information. Severe top level cordon sanitaire also after Dec. 1st, 2009. When in contact with a potential lawyer about Zwolle they suddenly(!) refuse my case. A victim should be given all crucial information before a trial, but not in my horrifying case. Why? Royals? What is going on?

Article 21 – Non-discrimination

Article 41 – administration

Art. 47 – Effective remedy, fair trial, legal help, tribunal

Art. 48 – presumption of innocence and right of defense!

Article 1 – Human dignity.

6 – Destroying my Human Dignity!

Conspiring to make a successful businessman to think in March 2000 he suddenly(!) has become insane or delusional and secretly give him an antipsychotic while earning 145.000 euro a year and while nobody outside the corrupt lying and betraying Family, even notices anything wrong with him(no danger at all), is an heinous and horrific act.  Also obstruction of Justice. Anywhere I went they were warned beforehand that I was a lunatic who thought his wife(DIS/double personality) could be raped and abused without knowing it afterwards. This is now still the case in Spain in 2021! It is also severe psychological torture and social exclusion! They laugh at me or point to there head. Most of that happened after Dec. 1st, 2009 in Spain but also in the Netherlands with 14 months innocent detention because no defense is allowed, and in America during 2 of 3 asylum cases after 2009 with total 15 months detention.

Article 1 –  Human dignity.

Article 25 -The rights of the elderly, I am 73.

Art. 47 – Effective remedy, fair trial, legal help, tribunal

Art. 48 – presumption of innocence and right of defense!

 

Here the Full EU Charter for Fundamental Rights…

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

2012/C 326/02

PREAMBLE

TITLE I – DIGNITY
TITLE II – FREEDOMS
TITLE III – EQUALITY
TITLE IV – SOLIDARITY
TITLE V – CITIZENS’ RIGHTS
TITLE VI – JUSTICE
TITLE VII – GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

The European Parliament, the Council and the Commission solemnly proclaim the following text as the Charter of Fundamental Rights of the European Union.

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values.

Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice.

The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, services, goods and capital, and the freedom of establishment.

To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter.

This Charter reaffirms, with due regard for the powers and tasks of the Union and for the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In this context the Charter will be interpreted by the courts of the Union and the Member States with due regard to the explanations prepared under the authority of the Praesidium of the Convention which drafted the Charter and updated under the responsibility of the Praesidium of the European Convention.

Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.

The Union therefore recognises the rights, freedoms and principles set out hereafter.

TITLE I – DIGNITY

Article 1 – Human dignity

Human dignity is inviolable. It must be respected and protected.

Article 2 – Right to life

1. Everyone has the right to life.

2. No one shall be condemned to the death penalty, or executed.

Article 3 – Right to the integrity of the person

1. Everyone has the right to respect for his or her physical and mental integrity.

2. In the fields of medicine and biology, the following must be respected in particular:

(a)

the free and informed consent of the person concerned, according to the procedures laid down by law;

(b)

the prohibition of eugenic practices, in particular those aiming at the selection of persons;

(c)

the prohibition on making the human body and its parts as such a source of financial gain;

(d)

the prohibition of the reproductive cloning of human beings.

Article 4 – Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 5 – Prohibition of slavery and forced labour

1. No one shall be held in slavery or servitude.

2. No one shall be required to perform forced or compulsory labour.

3. Trafficking in human beings is prohibited.

TITLE II – FREEDOMS

Article 6 – Right to liberty and security

Everyone has the right to liberty and security of person.

Article 7 – Respect for private and family life

Everyone has the right to respect for his or her private and family life, home and communications.

Article 8 – Protection of personal data

1. Everyone has the right to the protection of personal data concerning him or her.

2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

3. Compliance with these rules shall be subject to control by an independent authority.

Article 9 – Right to marry and right to found a family

The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.

Article 10 – Freedom of thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.

2. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.

Article 11 – Freedom of expression and information

1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

2. The freedom and pluralism of the media shall be respected.

Article 12 – Freedom of assembly and of association

1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.

2. Political parties at Union level contribute to expressing the political will of the citizens of the Union.

Article 13 – Freedom of the arts and sciences

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

Article 14 – Right to education

1. Everyone has the right to education and to have access to vocational and continuing training.

2. This right includes the possibility to receive free compulsory education.

3. The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.

Article 15 – Freedom to choose an occupation and right to engage in work

1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.

2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State.

3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.

Article 16 – Freedom to conduct a business

The freedom to conduct a business in accordance with Union law and national laws and practices is recognised.

Article 17 – Right to property

1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

2. Intellectual property shall be protected.

Article 18 – Right to asylum

The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’).

Article 19 – Protection in the event of removal, expulsion or extradition

1. Collective expulsions are prohibited.

2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

TITLE III – EQUALITY

Article 20 – Equality before the law

Everyone is equal before the law.

Article 21 – Non-discrimination

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.

Article 22 – Cultural, religious and linguistic diversity

The Union shall respect cultural, religious and linguistic diversity.

Article 23 – Equality between women and men

Equality between women and men must be ensured in all areas, including employment, work and pay.

The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Article 24 – The rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.

2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.

3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

Article 25 – The rights of the elderly

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

Article 26 – Integration of persons with disabilities

The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

TITLE IV – SOLIDARITY

Article 27 – Workers’ right to information and consultation within the undertaking

Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices.

Article 28 – Right of collective bargaining and action

Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.

Article 29 – Right of access to placement services

Everyone has the right of access to a free placement service.

Article 30 – Protection in the event of unjustified dismissal

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

Article 31 – Fair and just working conditions

1. Every worker has the right to working conditions which respect his or her health, safety and dignity.

2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.

Article 32 – Prohibition of child labour and protection of young people at work

The employment of children is prohibited. The minimum age of admission to employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be more favourable to young people and except for limited derogations.

Young people admitted to work must have working conditions appropriate to their age and be protected against economic exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere with their education.

Article 33 – Family and professional life

1. The family shall enjoy legal, economic and social protection.

2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.

Article 34 – Social security and social assistance

1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.

2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Union law and national laws and practices.

3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.

Article 35 – Health care

Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all the Union’s policies and activities.

Article 36 – Access to services of general economic interest

The Union recognises and respects access to services of general economic interest as provided for in national laws and practices, in accordance with the Treaties, in order to promote the social and territorial cohesion of the Union.

Article 37 – Environmental protection

A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.

Article 38 – Consumer protection

Union policies shall ensure a high level of consumer protection.

TITLE V – CITIZENS’ RIGHTS

Article 39 – Right to vote and to stand as a candidate at elections to the European Parliament

1. Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State.

2. Members of the European Parliament shall be elected by direct universal suffrage in a free and secret ballot.

Article 40 – Right to vote and to stand as a candidate at municipal elections

Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.

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, bodies, offices and agencies of the Union.

2. This right includes:

(a)

the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;

(b)

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;

(c)

the obligation of the administration to give reasons for its decisions.

3. Every person has the right to have the Union 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.

4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

Article 42 – Right of access to documents

Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium.

Article 43 – European Ombudsman

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.

Article 44 – Right to petition

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament.

Article 45 – Freedom of movement and of residence

1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.

2. Freedom of movement and residence may be granted, in accordance with the Treaties, to nationals of third countries legally resident in the territory of a Member State.

Article 46 – Diplomatic and consular protection

Every citizen of the Union shall, in the territory of a third country in which the Member State of which he or she is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that Member State.

TITLE VI – JUSTICE

Article 47 – Right to an effective remedy and to a fair trial

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.

Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented.

Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.

Article 48 – Presumption of innocence and right of defence

1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.

2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.

Article 49 – Principles of legality and proportionality of criminal offences and penalties

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.

3. The severity of penalties must not be disproportionate to the criminal offence.

Article 50 – Right not to be tried or punished twice in criminal proceedings for the same criminal offence

No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.

TITLE VII – GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION OF THE CHARTER

Article 51 – Field of application

1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties.

2. The Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties.

Article 52 – Scope and interpretation of rights and principles

1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.

2. Rights recognised by this Charter for which provision is made in the Treaties shall be exercised under the conditions and within the limits defined by those Treaties.

3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.

4. In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.

5. The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.

6. Full account shall be taken of national laws and practices as specified in this Charter.

7. The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States.

Article 53 – Level of protection

Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States’ constitutions.

Article 54 – Prohibition of abuse of rights

Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.

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The above text adapts the wording of the Charter proclaimed on 7 December 2000, and will replace it as from the date of entry into force of the Treaty of Lisbon.

ing. Hans Smedema, in exile in El Albir, Costa Blanca, Spain

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Hans Smedema

High level Dutch man(Rotary member) who became the victim of an unbelievable conspiracy set up by his own family and by a criminal organisation of rapist. De Facto Stateless! Now fighting for 18 years but the Dutch government refuses to open an investigation. America offered help and maybe this case will run at UNCAT. Almost certain this case will be filmed.