THE DECLARATION OF BLED

01.10.2004, 18:00

THE DECLARATION

Bled, October 1, 2004

The participants of the international conference on "The Position of Constitutional Courts following Integration into the European Union" assembled at Bled, September 30 to October 2, 2004, upon the initiative of the Constitutional Court of the Republic of Slovenia and with the support of the Venice Commission have comprehensively discussed the effects of their integration into the European Union as well as the position and jurisdiction of the Constitutional Courts of the member States. In particular, they have discussed the supremacy of the European Union Law and the position of the Constitutional Courts of the member States concerning Article 234 of the Treaty establishing the European Communities. In the light of their having signed the Treaty establishing a Constitution for Europe, special attention was paid to the fundamental rights of their citizens and to the relations between the system of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the national legal systems and the European Union.

The judges of the Constitutional Courts of the new member States of the European Union have emphasized the historical and legal significance of adherence of their States to the European Union and specific issues which hence the Courts will have to address: especially concerning the ramifications deriving from the supremacy of European law, the expansion of the judicial review of legislation implementing European Union law, the interpretation of the Charter of Fundamental Rights of the European Union, and the necessary reconciliation between national sovereignty and the transfer of powers to the European Union. Emphasizing the individuality of each State emanating from its own distinct history and legal tradition, and considering the position of Constitutional Courts within the framework of national jurisdictions, the participants have established that from now on the implications of the twofold commitment, to the European Union and to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the need to strengthen the protection of fundamental rights of citizens of the member States must be carefully taken into consideration. Such a state of affairs requires rapprochement between the national and the European case law. This implies genuine cooperation between the Courts of the member States of the European Union, the Court of Justice of the European Communities, and the European Court of Human Rights.

The members of the Constitutional Courts and the European Courts have insisted on the advantage of continuous communication between the Courts, the intensification of a truly efficient network of data exchange. They have also emphasized the need for a sustained effort leading to better awareness of fundamental rights among both legal profession and citizens.