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Written question: (Non-)existence of a „right to security from crime“

Starting: 09 Dec Ending

0 days left (ends 11 Dec)

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Dr. Patrick Breyer. Digitaler Freiheitskämpfer und Europaabgeordneter der Piratenpartei. MEP for Piratenpartei and the European Pirate Party. Homepage: https://www.patrick-breyer.de

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P1

(Non-)existence of a „right to security from crime

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P2

In SPEECH/05/718 on terrorism then Commissioner Franco FRATTINI spoke of a „‘right to security‘, which is basically the right to life“. In its impact assessment for the e-evidence proposal the Commission states that, based on Article 6 of the Charter, a “right to security” exists and that such a right would have to be balanced against other fundamental rights.

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P3

While it is without doubt an important political objective to protect citizens from crime and some positive legal obligations in that field exist, the legal concept of an individual „right to security from crime“ is a different matter. The „right to security“ enshrined in Article 6 of the Charter refers to security from unlawful detention, not security from crime.

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P4

1) Does the Commission believe in the existence of a human/fundamental right to security from crime?

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P5

2) If so, what would be its legal basis in Union law?

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