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17th November, 2017

The Fundamental Law of the EU

On October 4th, 2013 the Spinelli Group of MEP's published a document entitled " A Fundamental Law of the EU" - a new draft treaty for the EU designed to replace the LIsbon Treaty (2007) as a new Constitution for Europe - essentially to replace the Constitution for Europe (2004) which had been rejected in Referendums by the Dutch and French in 2005 - and subsequently secreted within the texts of the Lisbon Treaty (2007) - but in a fragmented form, so as not to be recognised as such, and with the paraphernalia of state stowed away for future use.

A Fundamental Law is a new Constitution for the EU - The USA has one, Russia had one in 1906 and Germany has an equivalent one called the "Basic Law" - it is meant to be the new Constitution for Europe; to which all others laws are referenced - but stated as such, without any disguise this time and designed for an all powerful single federal government - with "subservient states" - with all the "bells" and "whistles" of EU Nationalism re-introduced (taken out of storage)

We offer a glimpse of what is to come for those who remain in the EU, but only in outline - of the nature of the "A Fundamental Law of the EU" - the document is available on line for anyone to read - all 309 pages of it.

This new Constitutional document follows the layout of the Lisbon Treaty (2007) - (Treaty of the EU (TEU) and Treaty of the Functioning of the EU (TFEU)) - and replaces some, re-organises others and adds new Articles, Declarations and Protocols - Essentially it contains all the bad parts of the Lisbon Treaty (2007) plus new ones for good measure.

In this Article we only present some of the main features to give an account of the nature of this draft proposed new EU Treaty - we plan to go into more detail in another article - the justification for this new legislation derives from the usual EU mantra that the only thing wrong with the EU is that it is does not have enough control over its member states.

This revised Constitution for Europe has not been formally put forward for signature to the member states and therefore some modifications would very likely take place - and Referendums on this new treaty will be allowed - according to the draft treaty document - but no-one should actually expect to be allowed any such privilege.

After all Britain entered into 6 main treaties with the EU, and despite a succession of promises of a Referendum on each - we had a Referendum on only one of them, in 1975, just after we joined the EEC - we were prevented from a Referendum on the Lisbon Treaty (2007) by Merkel, who was so annoyed by the Dutch and French rejection of the original Constitution for Europe (2004) in 2005, that she instructed all member state governments - apart from Eire whose constitution required one - to prevent any Referendum on the Lisbon Treaty (2007) by presenting it as "Only a Reform Treaty", with no major changes to the status quo.

Selected Extracts from the Draft Treaty "A Fundamental Law of the EU"

Page 5:"This proposal for a Fundamental Law of the European Union is a comprehensive revision of the Treaty of Lisbon (2007). 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 drafts laws which are then enacted jointly by the Council, representing the states, and the European Parliament, representing the citizens. All the reforms proposed are aimed at strengthening the capacity of the EU to act."

Comment:Monnet made a number of comments about his plans and methods for bringing about a European super state, including:

"The fusion (of economic functions) would compel nations to fuse their sovereignty into that of a single European State.” Jean Monnet, founder of the European Movement, April 3, 1952. 

And, a Conservative - Adrian Hilton - paraphrased Monnet's intentions regarding the EU in the following comment;

"Europe's nations should be guided towards a super state without their people understanding what is happening. This can be accomplished by successive steps each disguised as having an economic purpose, but which will eventually and irreversibly lead to federation."

"The above comment is often erroneously attributed to Monnet, who is reported to have expressed somewhat similar sentiments, but without the notion of intentional deception", saying that:

"Via money Europe could become political in five years" and "… the current communities should be completed by a Finance Common Market which would lead us to European economic unity. Only then would … the mutual commitments make it fairly easy to produce the political union which is the goal ( /entry /Jean_Monnet#cite_note-4)

Irrespective of either statement - it is certainly the case that, as far as the British public were concerned, the EEC (EU) has been built by stealth - a deception upon the British people by its so-called elected Representatives, which they have maintained for the past 44 years.

But continuing with the EU's Newly proposed Constitution ...

Page 14: Under the heading - "New forms for new functions" -"We lift many prohibitions on the powers of the European Commission, European Parliament and European Court of Justice, rendering the system of governance more permissive and thus more capable. The number of different types of decision - making procedure is reduced. Most passerelle clauses, blocking minorities, emergency brakes, automatic accelerators are abolished – all clever devices which may or may not have been intended ever to be used, but the inclusion of which in the Lisbon treaty has led in practice to nervous disorder. Likewise, many of the 37 Protocols and 65 Declarations attached to the Treaty of Lisbon, which seek to blunt the force or bend the interpretation of original clauses, are proposed to be deleted."

"Methods are proposed to closely associate the ‘pre-ins’ with the decisions of the eurozone. The scope for opt-outs and derogations is minimised. States will be expected to conform to the emerging common foreign, security and defence policies of the Union as well as to the development of the area of freedom, security and justice."

Comment: More power to the Commission, less power to the people - there will be no "Vetoes or Opt-outs" - We will discuss the the changes to the Lisbon Treaty (2007) Protocols and Declarations in a later article

Note: A passerelle (gateway) clauses allow the legislative procedure to be used in certain policy areas without formally amending the treaties.

Page 15: Under the Heading - "Sharing the burden" - "The government of the Union’s financial and economic policies is based on the European Commission which will acquire a treasury facility for the borrowing and lending of funds. A new post of Treasury Minister is created with the job of stabilising the Union’s economy and allocating its resources. Since economic policy reforms by the member states impact upon the rest of the Union, national plans must be discussed and coordinated ex ante. In order to ensure the establishment and the functioning of the internal market and to avoid distortion of competition, the Union can adopt acts in accordance with the ordinary legislative procedure to harmonise direct and indirect taxes.

Comment: Everything must be harmonised and under control by the EU

Page 15:"The Fundamental Law codifies in primary law the key elements of the recent Six Pack and Two Pack legislation which strengthened EU surveillance and supervision of the individual state economies. The European Parliament has extended powers in the design of the employment and macro-economic policy guidelines, and both it and national parliaments obtain powers to intervene in the application of the excessive debt and deficit procedure."

Comment: The EU in control of member state finances - since the Maastricht Treaty (1992)

Under the heading  - "Streamlined decisions" - "Since legislative procedures with unanimous voting requirements are almost entirely abolished throughout the Fundamental Law, the bridging clauses (passerelles), which gave the European Council the possibility to apply QMV in place of unanimity lose their purpose and are deleted."

"Only the main passerelle, which allows the European Council to transfer matters decided in accordance with the special legislative procedure to the ordinary legislative procedure, as well as the passerelle to ease the decision-making procedures under enhanced cooperation are kept."

Comment: Increasing control over the member states as voting rights changes restrict the power and influenece of the member states.

Page 18: Under the heading - "Common policies refreshed" - "The Union gains competence to legislate on the fiscal component of free movement of labour, abetting the portability of entitlements across national frontiers."

Page 19: In Part VI, current prohibitions on the harmonisation of national laws in the field of justice and interior affairs are lifted, raising the prospect of a more integrated European area of freedom, security and justice, including fully-fledged common asylum and immigration policies.

Comment: Encouraging free movement of labour and distribution of entitlements in the member states- diluting national identityinstalling a new security and a uniform legal system (Corpus Juris)

Page 19: Under the heading of Radical Constitutional changes - "The Fundamental Law brings back the symbols of the Union (the flag and the anthem) which were jettisoned from the Treaty of Lisbon."

Comment:The fervour of EU nationalism comes out of hiding and the EU Armed Forces parades will begin; once the EU feels secure

Continued on the next page...

Part II