Tripped over this and thought you might like a wee swaatch before they come aknocking, if you haven't already clocked it.
I love the last part of this quote. "Well, just to conceal this fact."
Say No to the EU Death Penalty
The Lisbon Treaty Allows Death Penalty and Killing of People by the State.
An interview with Professor Karl Albrecht Schachtschneider
"Oliver Janich, “Focus-Money”: Professor Schachtschneider, according to your lawsuit against the EU Treaty of Lisbon at the Bundesverfassungsgericht (The German Federal Constitutional Court), the treaty allows the reintroduction of the death penalty and the killing of humanes. This sounds outrageous. What is the base of your argument?
Professor Karl Albrecht Schachtschneider: The Charter of Fundamental Rights of the European Union, in its “explanations” and “negative definitions” accompanying the fundamental rights, allows a reintroduction of the death penalty in case of war or imminent war, but also the killing of humans to suppress insurgency or riot. This is in contradiction to the abolishment of the death penalty in Germany (Article 102 of the German Constitution), in Austria and elsewhere which results from the principle of dignity.
But does not the Charter prohibit capital punishment?
The relevant text for this is not article 2, clause 2 of the Charter which prohibits condemning people to death or executing them, but the explanation of this article which was incorporated into the treaty, originating from the European Convention Human Rights of 1950.
According to article 6, clause 3 of the EU Treaty in the Lisbon Version, the rights, freedoms and principles of the charter are interpreted according to the general provisions of chapter VII of the Charter which defines the interpretation and application of thisCharter and under due consideration of the “explanations” listed in the Charter giving the sources of these provisions.
Why so long-winded?
Well, just to conceal this fact. The parliamentarians only get the text of the treaty which is difficult enough to understand and much too long."
The full Montague can be found .The Lisbon Treaty Allows Killing of People by the State [Voltaire]