Current Concerns No 17, September 2009

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.

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