Europe has stolen the rights we won at Magna Carta. Let’s fight to reclaim them by Norman Tebbit

King John was forced to sign; what about the European Commission?

I wonder if when he announced his policy of fixed-term Parliaments David Cameron had taken in to account that we would be celebrating the 800th anniversary of Magna Carta at the time of the general election next year. Well, most of us that is. Here in Bury St, Edmunds we will celebrate this year the 800th anniversary of the meeting of the barons here in the rose garden beside the Cathedral at which they first completed drafting the great charter, and then swore terrible oaths that they would stick together and force the King to sign at a council at Runnymede the next year.

I doubt it. Nor I think would he have given much thought to the words of Winston Churchill in an interview with the New Statesman’s Kingsley Martin in early 1939.

“The essential aspects of democracy are the freedom of the individual , within the framework of laws passed by Parliament, to order his life as he pleases, and the uniform enforcement of tribunals independent of the executive. The laws are based on Magna Carta, Habeas Corpus, The Petition of Rights and others. Without this foundation there can be no freedom… As long as these rights are defended the foundation of freedom are secure…” 

Norman Tebbit

During the debate last year on the Coalition’s proposal to intervene militarily in the Syrian civil war, Nigel Lawson made the related point that democracy will not flourish unless it has been preceeded by a perion of the rule of law. These are matters which will arise during this year’s elections to the European Parliament and the 2015 general election. The European Commission now has the right to make laws without the need to go to even the European Parliament, let alone that of Westminster. The emforcement of those laws or regulations is often arbitrary. The European Arrest Warrent allows countries with very little track record of the rule of law as Churchill would have known it to seize British citizens in our own country and lock them up awaiting trial without effective rights of Habeas Corpus.

These are matters which Mr Cameron will not welcome being debated during the European Elections this year, nor the general election next year, but if the redoubtable Bob Worcester, who has been appointed Chairman of the committee to oversee the anniversary does his job as thoroughly as I would expect him to do, they are bound to feature. The collective King John of Europe which resides in the headquarters of the European Commission would have to be confronted by a gang of 21st-century knights to be brought to heel and for the process of creating a European democracy to begin. That would be uncomfortable for some of the powerful corporate barons of commerce and industry who would rather carve deals with the Commission than conform to a common law for all.

It is hard to be optimistic about that. Democracy develops from the bottom up, not the top down. Even worse, as Enoch Powell observed decades ago, “Europe cannot be a democracy. for there is no European Demos”. And the enlargements of recent years have reduced the prospect of that Demos coming into being. The triple lock on pensions is an agreeable prospect for pensioners, but should not Mr Cameron now propose a triple lock on the rights we gained at Runnymede in 1215?

A Fundamental Law of the European Union

By Anne Palmer
The Spinelli Group of MEPs is pleased to launch a new draft treaty of the European Union, published by Bertelsmann Stiftung.
‘A Fundamental Law of the European Union’ is offered as a major contribution to the debate on the future of Europe.
The unity of Europe is vital if global challenges are to be met and European values and interests promoted. But how should a more united Europe best be governed?
The present constitutional architecture is hardly fit for purpose. Executive authority is dispersed and political accountability weak. Expedient measures needed to address the financial and economic crisis have stretched the present EU treaties close to their limits.
The Union’s system of governance must be reformed if it is to deliver much needed public goods at home and decisive leadership abroad. In the face of hostile public opinion, the national governments of its member states fear to give the EU the powers and resources it needs. National parties and parliaments fail to embrace the European dimension of politics.
So the European Union needs to assert itself. European challenges can be met only in a European way.
This proposal for A Fundamental Law of the European Union is a comprehensive revision of the Treaty of Lisbon. Replacing the existing treaties, it takes a major step towards a federal union. It turns the European Commission into a democratic constitutional government, keeping to the method built by Jean Monnet in which the Commission initiates laws which are then enacted jointly by the Council, representing the states, and the European Parliament, representing the citizens.
People grumble about the EU’s democratic deficit ‑ when what it really suffers from is a deficit of government. The Union reformed along the lines established in theFundamental Law will be more capable and efficient, more transparent and accountable. The Spinelli Group of MEPs will recommend the Fundamental Law for consideration by the Convention which be called upon, probably in spring 2015, to amend the EU treaties.
A Fundamental Law will also be commended to President Barroso who, in his recent state of the Union speech, promised, before the European Parliamentary elections, to ‘set out the principles and orientations that are necessary for a true political union’.
Headline Proposals
1.
‘Ever closer union’ defined as federal union of states and citizens deriving legitimacy from popular sovereignty
2.
Constitutions of EU states must respect EU values
3.
Commission becomes the EU government, appointed by and answerable to the legislature of Council and Parliament
4.
Limited right of legislative initiative to Council and Parliament
5.
European Council redefined as the lead formation of the Council of Ministers
6.
Rotating Council presidency abolished: each formation elects its own chair
7.
Commission becomes smaller, nominated by its President
8.
Certain number of MEPs elected in pan-EU constituency on transnational lists
9.
Wide extension of ordinary legislative procedure
10.
Widen jurisdiction of Court of Justice
11.
Easier access for citizens to Court of Justice
12.
Ending rigid unanimity for future treaty change and entry into force
13.
Ending opt-outs in justice and home affairs
14.
Creation of an associate membership
15.
EU tax revenue to finance EU spending
16.
Additional budget for the eurozone
17.
Common economic policy focussed on sustainable growth
18.
Fiscal solidarity to complement fiscal discipline
19.
New powers for European Parliament in economic and employment policy
20.
National parliaments get a say in excessive deficit procedure
21.
Wider powers for European Central Bank
22.
Permit sharing of sovereign debt under strict conditionality
23.
Lifting prohibition on approximation of national laws
24.
Modernisation of common policies
25.
Right of assent for Parliament on all international agreements
Europe: an end to fallacy
Andrew Duff & Guy Verhofstadt
The European Union is put to the test as seldom before under the pressure of the financial crisis and its social, economic and political consequences. Much has been done ad hoc to salvage the euro but continuing structural reform at national and European levels is essential if economic recovery is to be assured. Banking union and fiscal union mean a large transfer of sovereignty from the member states to the EU. If borrowing costs are to be lowered, there will have to be a partial and conditional sharing of the burden of debt between richer and poorer states and taxpayers. Such fiscal solidarity will change the Union for good.
The importance of European integration rises, too, in other areas of policy ‑ from immigration, border control, police and justice to energy, science and the environment. In international politics, especially in the Middle East, the unity of Europe is vital if global challenges are to be met and European values and interests promoted.
So how should a more united Europe best be governed?The present constitutional architecture is hardly fit for purpose. Executive authority is dispersed between the European Commission, European Council, Eurogroup and European Central Bank. The duty to ensure democratic accountability is spread between the European and national parliaments. European political parties are weak. The crisis management measures needed to address the financial instability have stretched the legal bases of the present EU treaties near to their limits and exposed a lack of instruments available at the European level. Above all, the arrangements for economic and monetary union, agreed over twenty years ago, have been found wanting.
In the face of hostile and eurosceptic public opinion, Europe’s national governments have tended to will the ends but not the means, ever reluctant to give the Union the powers and resources they must suspect it really needs. Instead, national policies have been coordinated by a bossy European Council in an ever tighter technocratic manner, leading to over-centralisation and a lack of democratic legitimacy.
People grumble about the EU’s democratic deficit ‑ when what it really suffers from is a deficit of government. The time has come to accept that the Union’s system of governance must be reformed radically if it is to deliver much-needed public goods at home and decisive leadership abroad. Fiscal union needs federal government with a wider scope, more flexible instruments and larger powers, endowed with its own resources to match the level of its political ambition. With strong government comes strong parliamentary democracy in which EU citizens are enabled to hold to account those in charge.
Ten years on from the close of the Convention which led eventually to the Treaty of Lisbon it is time to take up the constitutional story again. The Spinelli Group of federalist MEPs propose a new Fundamental Law to replace the existing treaties.
The Fundamental Law signals federal union. It transforms the Commission from an overblown secretariat into a democratic constitutional government, keeping to the method built by Jean Monnet in which the Commission initiates laws which are then enacted jointly by the European Parliament, representing the citizens, and the Council, representing the states. We rejig the European Council to direct the affairs of the legislative Council of Ministers, returning to the Commission responsibility for the overall political direction of the Union. The Court of Justice gains the attributes of a supreme court. And more competence is given to the Union in economic affairs, employment and energy policies. All the reforms proposed are aimed at strengthening the capacity of the EU to act effectively. The new treaty will be more permissive and less prohibitive.
A Convention made up of the Commission, heads of government, MPs and MEPs will be invited to consider this Fundamental Law. That body could start its work in spring 2015 once the new European Parliament and Commission are elected, and should be finished in good time for David Cameron’s referendum in 2017.
The Union so reformed will be more efficient, transparent and accountable. Those states, like the UK, which may decide not to take the federal step forward can opt for the status of associate membership. It is ironic that one of the few European leaders to call openly for a fiscal union (albeit without the UK) is Mr Cameron. Other leaders need to admit the fallacy of continuing to argue that Europe can be more united without the installation of a strong federal government.

THE EUROPEAN UNION (E.U.) … to the …UNITED STATES OF EUROPE (U.S.E.).

INTRODUCTION.

What do the British people want now and for the long term? What are the ambitions of the bureaucracy of the E.U. and the elected leaders to its institutions? Could one man’s ambitions again take over Europe?

If you desire to be a federal part of the United States of Europe, perhaps read no further. If you appreciate what we have in this United Kingdom and in the common strings that bind the Commonwealth you are already worried.

German economic misery and hyperinflation between the wars assisted dictatorship to become entrenched. One man’s ambition was no answer to the issues.

French misery after 1789 welcomed the leadership, construction works and Napoleonic Code of the Corsican. His ambition was no answer either.

The question before the British people is whether the inevitable congruence of states to form this U.S.E is what the British want? If so, the pending renegotiations will be carried out easily. If not, then there will be a much more drawn out set of negotiations. Clearly Brussels seeks complete integration. Who in Britain wishes the same: a common currency, fiscal regime, Central Bank, President, Parliament, police, armed forces, politics, foreign policy and rules and regulations of a United Europe?

Who in Britain wants this existing political law creating Supreme Court in Luxembourg with a constitution and power along the lines of the U.S Supreme Court? We suffer the overarching creative ambitions now of this Foreign Creation so alien to our own legal traditions.

Is there a middle way and if so what is it and is it acceptable to both Britain and the U.S.E? What will be the aims and ambitions of each country? When Britain was misled by Edward Heath into joining a political Europe under the guise of an economic agenda, the issues were blurred. That must not be the case today. It is for all these reasons, and more, that David Cameron has begun the vital process of renegotiation.

The objective here is to identify core issues as it is clear that the referendum must take place before the next election and only after renegotiation. Time is of the essence. The chances of success may be slim but the attempt must be made.

History sets the scene.

The History of these islands and its Celtic races is of stories of fierce independence. They are echoed in Latin treatises of the bloody battles with Rome, in Shakespeare’s histories and in the polemics today in favour of an independent England, Scotland, Wales and Ireland.

Lord Palmerston was the prime international mover and shaker in the 19 Century. He was the Father who oversaw the birth of Belgium (as chairman of the international conference). As Secretary of

State for War in the Government, he supported sending the fleet to assist the birth of the Hellenic speaking peoples in their Revolution of 1821 against the Ottoman Empire. The French and Russian fleets supported this assistance. Garibaldi invaded Sicily and rolled up the peninsular as he fought northwards and handed, what was in effect, a united country to Vittorio Emmanuel of Piedmont. So Italy was born in 1860.

The Austrian Hungarian Empire, a forerunner of the proposed F.E.U, continued its disintegration as the might of the tiny Prussia developed. Prussia used the same current EEC ruse to bring about the collapse of the neighbouring principalities and the enlargement of the Prussian territories. Economic unity was further deliberately used as a backdoor way of taking over unwary neighbouring states. (Napoleon had commenced this work of destruction of customs barriers and Principalities). Tariff barriers were further removed, roads improved and railways built. Gradually Bavaria and Wurttemberg, Hesse Darmstadt, and the South German Union were all absorbed into the net cast
by Prussia to take over the effective leadership of this central European area and, by this economic union, wrest power and control into its own hands. Austria was defeated by economics without a shot being fired. (1)

After common tariffs came common systems of weights and measures, tax, and currency (the Prussian Thaler). Then Bismarck struck. Like Garibaldi and the Hellenic Revolutionaries he roused the German peoples, attacked Denmark (acquiring Schleswig Holstein), the German Federation of independent states merged into the North German Federation under Prussia. The defeat of France followed in 1871 and Europe saw the birth of Germany and its supremacy.

France and Spain alone in mainland Europe had some established longevity. But after two defeats at war, Germany is supreme again and joined with France in an Euro economic nightmare, of their own choice. They deliberately ignored the economic guidelines to Euro membership when dealing with Italy, Spain and Greece.

It is just such wavering on the issue of principles that we see the present EU lurching from short term exigency to another, dealing with Symptoms and not root causes. Indeed, at the Summit of February 2013 the French wanted even more that the unwarranted 30% or so of the budget for Agriculture and, together with Italy, Spain and Greece, wanted a more inflationary and unaffordable budget (so long as someone else paid i.e. Germany and the UK). It was not to be. At last the input of more than one Statesman supported a reduced budget. At least in theory, as the accounts are never audited or signed off and brave whistle blowers are disgraced and treated with contempt. Integrity reallyshould and must matter. There is so much dishonesty, waste and flagrant disregard of the truth that the EU as established must destroy itself economically. What then? Another tyrant to the rescue?No! We renegotiate on the basis of the six Main Principles and the Six Essential Targets set out below.

WHENCE DO WE NOW GO?

David Cameron’s speech (the In/Out speech) was refreshing. It previewed his constructive diplomatic efforts at the February 2013 Summit. Cameron noted three Major Challenges (MC) MC1 – Eurozone single currency MC2 – A projected fall by 2033 of 33% of Europe’s share of world output MC3 – The EU “Is seen as something that is DONE to people rather than ACTING on their behalf”

David Cameron also evinced his FIVE MAIN PRINCIPLES (MP) for the future guidance of the Leaders of the EU.

MP1 – Competitiveness

MP2 – Flexibility

MP3 – Power must flow back to and remain with the Member States

MP4 – Democratic Accountability

MP5 – Fairness

I would add a SIXTH Main Principle: Less Government is better Government. I would add a further Six Basic and Essential Targets (ET)

ET1 – Removal of the European Court of Justice

ET2 – Complete overhaul of basic policies, like the Common Agricultural and Fisheries Policies.

ET3 – Retraction root and branch of the pre-emptive sovereignty of directives and powers of the E.U.

ET4 – Member States shall maintain Sovereignty. If sample areas should be indicated, they are: Foreign Policy, the Armed Forces, the Police, the Main Principles, the Essential Targets, The States’ own Parliament (in the U.K. at the Palace of Westminster, and as Devolved to Scotland, Wales or Ireland), Monetary affairs, Sterling, Fiscal matters etc. The list is purposely not exhaustive nor inclusive or exclusive.

ET5 – Reduction in actual overall Government, less interference, less expenditure and taxes. Less government is better government. (the sixth Main Principle)

ET6 – Institution of financial social and political mechanics in order to resolve issues arising from
Main Challenges, Main Principles and Essential Targets.

Nothing can be achieved without whistle blowers being fully protected and fully compensated. How else can we ensure that acts and omissions of the.E.U.are discovered and remedied with integrity. The Democratic Institutions, the Member States’ aims and aspirations, the whole of The Organisation of the E.U. must manage these goals.

RECENT DEVELOPMENTS

Prior to the 2013 Summit, there emerged reports of the great Alpine tunnel venture, a new road–rail link between France and Italy. The cost amounts now to E8.5Billion. This will inevitably double. In addition there are extra expenses of a further E17.5B. Those could also double, taking the total to E52Billion, or 5% of the EU budget for the next 10 years!

These monies seem to have been allocated without reference to the world wide economy, to other economic pressures, to MC1-3 or MP1-5. Eg.although it is postulated that some 4,500 jobs will be created, only 10% of transalpine freight goes by rail.

There are no Euro funds for research and development (essential for the pursuit of MP1). Is the transalpine tunnel a frivolity when funds are scarce or essential for the competitive edge?

There are no Euro funds for Education (essential for MP1). There are no funds for energy (eg. pipelines.)
There are no funds for the main problems of the next 100 years, namely Health, Pensions and Social
Welfare.

HEALTH, PENSIONS and SOCIAL SECURITY, EDUCATION

In the U.K., Government expenditure has seemingly no control over the costs of Health, Pensions and Social Security. These issues are severe constraints upon financial freedom of government. Unfortunately, these growth areas of spending are not readily controllable. The pot for all expenditure is under pressure of economic constraint. These curbs are now potentially terminal restraints upon the UK‘s ability to meet its own challenges The E.U. has the same issues. All members of the EU must deal with this. The Main Challenges, Principles and Targets are the guidelines.

Education is a fundamental issue of all Governments. So education and pensions are key for budgets to secure the survival of achievements. Difficult when there is economic decline not growth, monetary expansion not restraint, inflation at home and devaluation of currency abroad.

These financial curbs or strains will require higher tax rates and reduced tax take and increase the restrictions upon competitive growth.

THE U.S.E

The EU mix to date is struggling to achieve its aims of federal integration and programme its long term ambitions. Brussels has achieved many of its objectives:

1. Economic annexation of States within the Euro Common Currency by the Euro.

2. A Bureaucracy that has freedom and is not controlled or accountable control. It has no reporting obligations.

3. A Parliament intent upon achieving greater autonomy and further E.U. integration.

4. A Central Jurisprudence based upon European models and the Napoleonic Code. The Supreme Court in Luxembourg (i.e. Brussels) is politically and legislatively creative. It is similar to the United States Supreme Court. Both institutions are alien to the U.K. and its Common Law.

5. Member States wish to move inexorably into a fuller Union of Member States.

6. Member States with Democratic and effective institutions represented by political leaders whose collective Wills are all held in thrall to these E.U issues. Those “Wills” alas, by their own dilution of direction, effect a continual moderating weakness of direction.They tend to strive to arrive at the “Middle Road” conclusion. That always should be avoided as the product tends to be “too little too late”!.

SO WHERE IS THE U.K.?

The government of the U.K. seeks none of these objectives. There is a growing majority groundswell of public opinion that seeks none of these objectives too. Hence the vital decision to renegotiate.

What is to be renegotiated? The answer is clear. The entire edifice of the E.U.needs root and branch review and the relationship of the U.K, in particular, will need careful negotiation bearing in mind the Main Principles, Targets and Challenges.

We must listen, learn and act now. So much better than to suffer now and learn and repent at leisure. David Cameron is right. The European plan must be re-written as a vital urgent project for all of Europe, not just for the United Kingdom.

Roger Wright-Morris.

(1) I refer you to the writings (three excellent books) of Lindsay Jenkins, who encouraged my views. They are however my own.

(2) Douglas Carswell “The End of Politics”.

Regions and Devolution – the EU angle by Edward Spalton

George Morland (4 June 2012) is understandably angry about the effects of devolution. In the run-up to EEC membership, the Foreign Office was planning for this in 1971, as the following paper shows (Ref FCO/1048). “The transfer of major executive responsibilities to the bureaucratic Commission in Brussels will exacerbate popular feelings of alienation from government. To counter this feeling, strengthened local and regional democratic processes within member states and effective Community economic and social policies will be essential… There would be a major responsibility on HM Government and on all political parties not to exacerbate public concern by attributing unpopular policies to the remote and unmanageable workings of the Community” (now the EU).

So you now can see the inherent fraud from the beginning although it was top secret at the time. Supposedly “democratic” bodies would be set up but they would enforce “Community” (i.e. EU) policies. In the UK this was deliberately done in an “asymetric” (i.e. unfair) manner to give rise to the sort of grievances of which Mr Morland complains, thus setting people in different parts of the country against each other.

Since it was founded in 1707 the weakening or dissolution of the UK has been the aim of every would-be dominant European power. The difference is that this time, the project is assisted by our own collaborationist governments of all main parties. The process is called “perforated sovereignty”.

Almost everybody in the country is fed up with “Westminster sub Brussels” so it is not surprising that some people in Scotland should feel they could do better for themselves. However, Mr Salmond is offering “Independence in Europe” which will be entirely illusory.

Slovakia, of fairly similar population to Scotland, is one of the poorest EU members and kept all the rules of the Euro currency. Yet it has been made to contribute towards the Euro bail-out fund for much richer countries which cheated. For about four days they held out against this but were quickly dragooned into line.

The English Regional Assemblies were part of this project, thoroughly discredited by the referendum in the North East which produced a massive majority against an elected regional assembly. The London referendum for an assembly just squeaked through.

Many EU grants can only be applied for at regional level, so the regions were set up to compete with each other to be the most “European” and hence the most favoured. £500 million was spent on useless and unused regional fire control centres to give regional government something to do. Whilst the regional bodies now lie a’mouldering in the grave, their soul and functions go marching on in even more obscure forms because the EU treaty obligations have not altered. “Localism” is another fraud to cover this up.

Sir Peter Housden was John Prescott’s top civil servant for the English regional project. He is now Alec Salmond’s top civil servant and has been heavily criticised for his extreme partiality to the cause of Scottish independence.

So the people of this kingdom are being manipulated and deliberately set against each other by outside influences, assisted by home-grown collaborators. Anger is understandable in the circumstances. The authorities want us to feel angry with each other but the anger should be directed at the manipulators, not the manipulated.