A serious question, the answer to the 1200 pages strong Treaty of Lisbon not easier. Anyone who has ever read it from beginning to end? And above all, our elected representatives have actually read it? I decide to search for the relevant EU texts.
Reminder: Our Basic Law says in its Article 102: The death penalty is abolished.
Then we were able to pretty much leave hitherto. Demonstrations such as we have been able to be sure that, even if masked "anarchists" against the will of the majority of the demonstrators began to throw stones, the police would not shoot suddenly sharp. As it stands now, we need to consider in future Weidlich, on which demo we want to go in case of doubt still. After all, a few violent "Autonomous" can quickly turn up out of nowhere. But first things first:
First there is the Charter of Fundamental Rights (replaced by v. 14.12.2007), which made a proclamation in Nice as early as 2000 the EU. She has had no validity because the EU treaty had not been adopted by all EU members. The (penultimate) obstacle now appears with the Irish "Yes" to be cleared at the second attempt out of the way.
The called Charter of Fundamental Rights says in its article 2. Para. 1 and 2:
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty or executed.
So far everything seems in butter. However, the Charter of Fundamental Rights sets, in Article 52, paragraph 7 states that an "instruction manual", namely the so-called "explanations" of the Charter for all EU member states are authentic..:
Art. 52 para. 7: The explanations drawn up as a guidance in the interpretation this Charter shall be given due by the courts of the Union and the Member States to take into account.
And now what say the explanation for everything important fundamental rights, namely the right to life? (More ...)