FT to your credit you have held the line on the CFR. Top legal scholars have repeatedly expressed concern about the possible impact of the CFR in the hands of the judicially activist Court of Justice.
Articles 51 and 53 mirror the Ninth and Tenth Amendments to the American Constitution in that they state the intent not to limit the rights recognised by member state's constitutions and affirm the principle of subsidiarity and the non-establishment of new powers for the Union. However the Ninth and Tenth Amendments in practice have failed completely to prevent wholescale expansion of federal power.
The ECJ showed its colours in its 2005 decision on environmental crime which gave the European Commission the right to tell member states to impose criminal sanctions for breaches of EU law.



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