ECHR crucifix decision is irrelevant

Several contributors to your newspaper have speculated about implications for the (Brussels-centred) European Union of the (Strasbourg-based Council of Europe) Court of Human Rights (ECHR) decision on the crucifix in Italian schools.

Some pointed out that the Lisbon Treaty envisages subscription by the EU as such to the Rome Treaty, which is the basis of the ECHR.

Others (like Claire Bonello) referred to the provision of the Lisbon Treaty, according to which the Charter of Fundamental Human Rights adopted by the treaty is to be interpreted in accordance with ECHR decisions, where the provisions of both the EU and the Council of Europe Charter are equivalent.

In all this it needs to be remembered that the Charter of Fundamental Human Rights adopted by the Lisbon Treaty is only enforceable (at the EU Luxembourg court and not at the Council of Europe Strasbourg court) against alleged violations of the charter only by EU institutions or by EU member states or others when following EU directives. Because of this, the ECHR decision on the crucifix remains irrelevant.

Similarly, the EU's eventual adherence to the Strasbourg institutions will add nothing to the obligations of Malta, which already fully adheres to those institutions.

Consequently, all suggestions or insinuations that Malta's belonging to the EU in any way has increased the possibility of the ECHR's decision's applicability to us are unfounded.