Trautmann Flawed Proposal 20091020

Text to be inserted in Article 1 and proposed by Catherine Trautmann :

"3a. Measures taken by Member States regarding end-users' access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Community law.

Any such measures liable to restrict those fundamental rights or freedoms may only be umposed if they are appopriate, proportionate and necessary within a democratic society, and shall be subjected to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Community law, including effective judicial protection and due process. In particular, any such measures may only be adopted as a result of a fair and impartial procedure ensuring inter alia that the principle of presumption of innocence and the right to be heard of the person or persons concerned be fully respected. Furthermore, the right to an effective and timely judicial review shall be guaranteed.

This shall not affect the competence of a Member State, in conformity with its own constitutional order and with fundamental rights, to establish a requirement of a judicial decision authorising the measures to be taken."

See also EP_Flawed_Proposal_20091020