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20th July, 2017
European Court of Justice (ECJ)
Barnier et al. are trying to use the ECJ to try to keep us trapped within the political EU, and the idea has been taken up with alacrity by the Remoaner's who are working on behalf of the EU.
The Court of Justice of the European Union (CJEU) consists of two major courts: is known informally as European Court of Justice (ECJ) which hears applications from national courts for preliminary rulings, annulment and appeals, and a General Court, which hears applications for annulment from individuals, companies and, less commonly, national governments (focusing on competition law, State aid, trade, agriculture and trade marks) (Wikipadia). The ECJ was established at the beginning (in the Treaty of Rome (1957)), along with the Commission, the Council etc., and the ECJ is uniquely powerful since it is designed to ensure that the EU member states abide by the Treaties that they have signed and they are tasked with ensuring ever closer integration with all of their rulings - in effect, the ECJ is one of the EU's most powerful weapons when it comes to taking over control of its member states.
If the European Commission believes that a Member State’s government is failing to fulfill its obligations under EU law. The Court will consider the allegation and give judgment. If a Member State is found to be breaching its EU obligations, the court will order the State to rectify its actions and may issue a fine. (http://www.clarionsolicitors.com/blog/the-european-court-of-justice-and-the-european-court-of human rights)
According to Dr Gunnar Beck is Reader in Law at SOAS, University of London, a barrister, and a Committee Member of Lawyers for Britain "The court (ECJ) effectively operates two separate standards of judicial review, a light one for all EU measures and an exacting much higher one for national laws allegedly infringing EU laws." - for a more detailed account of the ECJ and its modus operandi, please see"The European Court of Justice is not an impartial court and has no role to play in post-Brexit EU-UK relations"at www.lawyersforbritain.org
As examples of the use of the EU court system, the CJEU (ECJ) is currently active in many areas within the EU - in the Southern EU states, Spain, Portugal and Cyprus - (and in Croatia), in Eire, and in the eastern EU states - in the Visegrad 4 (Poland, Hungary, the Czech Republic and Slovakia)
In an European Commission press release (Brussels, 27 April 2017) "The European Commission has decided to refer Croatia, Cyprus, Portugal and Spain to the Court of Justice of the EU for not enacting the Mortgage Credit Directive (MCD) in their national legal systems." - "Spain has reacted to the news saying it is impossible to pass mandatory European Union legislation because there is no appetite for it."(Jean-Claude Juncker has declared war on Spain, Croatia, Cyprus and Portugal over their reluctance to introduce legislation governing mortgages.By SiobhanI McFadyen 08:00, Sat, Apr 29, 2017 | Updated: 17:11, Sat, Apr 29, 2017)
National Sovereignty has no place in the EU - the member states will do as they are told or face the consequences.
Also on the same day Brussels (27 April 2017) the European Commission referred Ireland to the Court of Justice over failing to apply EU rules on financial reporting:- "The European Commission has decided to refer Ireland to the Court of Justice of the EU over failing to transpose the Accounting Directive into its national legal system."
The former Communist Visegrad 4 group are growing disenchanted with the EU, since they are now feeling that they escaped from one Communist (Dictatorship) to join another, and in a confrontation with the EU their first ultimatum was over the erosion of democracy by the increasingly authoritarian EU Commission, which is swamping member states in thousands of dictatorial laws. The EU Commission is also threatening the Visegrad 4(3) with sanctions and court action for not accepting refugee quotas:-
"Brussels takes on (most of the) Visegrad Group over refugees. Hungary, Poland and the Czech Republic to face sanctions for failing to take part in relocation scheme." (http://www.politico.eu/article/brussels-takes-on-most-of-the-visegrad-group-over-refugees/ by Jacopo Barigazzi 6/12/17, 9:54 PM CET Updated 6/13/17, 7:17 AM CET)
From the above small number of examples it is clear that the EU is pushing ahead with enforced integration and using the ECJ and other actions (sanctions) in order to bring into line all the perceived weaker EU member state - as was the case with Greece, and is also with Italy.
Since its inception as the EEC (the proto-EU) the nation states of Europe have been slowly entangled in a spider's web of Directives, Regulations and Protocols related to trade, in order to make them interdependent and under central regulatory control. As the EEC morphed through the EC to the EU, the game changed, and expanded to form the second phase of development with the Maastricht Treaty (1992) and with the inception of the Euro and the Eurozone, in particular.
The EU, whose trading relationships are still built around the EEC regulatory system, transformed into a proto-Superstate, whose most recent manifestation was consolidated with the Lisbon Treaty (2007), forming the basis for the single government, with a Europe wide Constitution, which supersedes the Constitutions of each of its member states.
From which point the EU began its programme of expansion of control, and economic warfare, which has been marked with the destruction of the sovereignty of the individual nation states; starting with Greece and to a large extent Italy; and shortly to include Spain, Portugal, Cyprus and Croatia in the near future, closely followed by the demise or marginalisation of some of the eastern EU member states?
The final stage of the destruction of the nation states of Europe began with the "Refugee" crisis, (in 2015); precipitated by Merkel / Juncker in the EU and Sutherland at the UN, and assisted by Soros's "Open Borders Foundation" and numerous charities. Running in parallel with the flood of migrants has been a new flood of Directives and Regulations, relating to financial services - this is little disguised, enforced integration of the existing member states under close central control (an "Occupation" of the European nation states by any other name - since it is increasingly being rejected by the populations of the member states, particularly Britain - and only came about by hiding the rejected Constitution for Europe (2004) within the texts of the Lisbon Treaty (2007) and claiming that it was only a "Reform Treaty" - which did not require a Referendum).
This latest round of Commission referrals to the ECJ represents a rush to control the member states more closely and more directly - which would continue with the UK if we do not completely leave the political EU. The UK must not accept any involvement of the ECJ or any other legal entity with ties to the EU, from the EU itself, nor vicariously on behalf of the EU from within the UK - through which the EU could subvert our society and the sovereignty of our people - a route that some of our Elected "Representatives", Peers and others in our establishment have previously trodden, over the past 45 years, and continue to tread to this day.
The EU has no intention of allowing the UK to leave the EU, since without control of the UK the EU is much diminished in the world, and already vulnerable because of its poor quality management, and overt dictatorial style - it is without any worthwhile vision or ambition (apart from fine words) beyond its own lust for power, and the control (conquest) of the European nation states - a common ambition among a number of European leaders, past and present.
The Real Effects of Britain under the control of the European Courts CJEU (ECJ)
The UK must stick to the position that the EU citizen's settled in the UK must not be subjected to the laws of the EU: if EU citizens choose to settle in the UK they cannot be given rights which are different to those of every other British citizen. If they choose to settle they must only abide by our laws, otherwise they should leave the UK and resettle elsewhere in the EU. The real problem is that, otherwise the EU citizens settled in the UK can cause the ECJ or other EU courts to override decisions of UK courts.
Such circumstances have only previously occurred in countries under military occupation by a foreign forces, including the Netherlands, Belgium, Luxembourg, France, Denmark, Yugoslavia, Greece, Norway and Western Poland, under Hitler and the Nazis during WWII - and elsewhere under the Communists and others.
The EU has achieved practically the same conditions (as the examples above illustrate) where EU member states have their laws dictated to them by a controlling power, without the use of military force, through the legal devices of the EEC and the EU - culminating with the Lisbon Treaty (2007) - which could have only happened with the connivance of our elected representatives, our establishment and our judiciary over the past 45 years; and it may still end with military force to keep it under control. The EU Armed Forces have been operating, in the background. since, at least, the Germany-France Elysee Treaty, (1963), established a proto-EU Army with 5,000 personnel.
To anyone who has followed the events since the EU Referendum on the 23rd June, 2016, it must be clear that Britain is in the same position, apart from EU military forces on the streets of the UK (though they do train in the UK), with similar legal circumstance to those that the occupied countries in Europe were under during WWII.
Britain is clearly unable to enact its own self-determination whilst under the control of the EU - and that was the number one reason why those in the UK voted to leave the EU - they voted to take back our own sovereignty. Uncontrolled, unfettered, mass migration, precipitated by the controlling power (EU), for its own purposes - was just the catalyst.
I do not know how any Remain supporter can justify being under the control of a foreign power, as opposed to being able to make their own laws and rules, by which they wish to live their lives; protect their families, friends, children and grandchildren - freedom is the only truly valuable commodity.