RealNews

The people of Ireland will have the opportunity to vote in a referendum on whether or not their government should accept (ratify) the so-called Libson Treaty, the latest version of the old European Constitutional draft. It is notable that none of the parties voicing either a pro or anti Treaty position are addressing the most significant issue. Paradoxically, the most significant issue facing all European member states is a constitutional issue arising from the accelerating politicization of the European judiciary.

The poisoning of the tree

During the last two European Union enlargements the handling of European law at national level was handed over to judges, many of whom were Communist party or other assorted totallitarian regime nominees. They worked hand in glove with police, party officials and intelleigence agencies to fix whom they pleased. The habits of such people and their loyalties have not changed just because their countries are now members of the European Union. In fact the process of enlargement was notable for both governments and the European Commission covering up serious breaches in European Law in contradition of the Madrid Conditions for accession. The Madrid Conditions stipulate that accession can only occur once the government and the judiciary are seen to be applying European Law. According to Real News, the European Commission actually reported several conditions to have been satisfied in their accession country reports when it was on the record that they were aware that this was not the case.

Freedom,
it is so important

Texts & messages on a taboo subject

The Economist Newspaper (31st May, 2008) has recently touched in a timid fashion on some of these issues without spelling out the full implications. This matter was exposed in far more detail some 10 months ago by the British Strategic Review. In summary, the problem arises from the political forces, that is former totallitarian regime politicians, remaining in power under re-branded party names and their economic power has been greatly strengthened by shady privatization deals where the "young Communists" for example, received some of the best business assets at give-away prices conveniently financed by party-friendly banks in exchange for their undertaking to provide financial support to the party in the future. This is why there are so many young millionaire politicians such countries (Central and Easter Europe). Such politicians are unable to explain how they moved from a status of modest means to that of a millionaire within one or two years. Enterprising journalists who have tried to and point out such corrupt dealings have often found themselves in prison as a result of decisions of judges following political party interests as opposed to the law. Most have been effective in censoring and diverting the "opening" up of information on the activities of the totallitarian regime security forces. They promised to do so and did so before accession and then backtracked after accession in a cynical display of political opportunism. The point being made here is that the very same political forces that controlled the judiciaries in these countries before accesssion continue unabated as a force after accession to the European Union. This political force has the convenience of being fronted by a corrupt judges and has become a potent and dangerously partial force within the European Union. What is regrettable is the notable reluctance of the European and, in particular, the British media to come to grips with the serious implications arising from this reality; it remains a taboo topic

The rise in decisions involving a demonstrable reasonable doubt

It might be assumed that their joining the EU is of no consequence because, after all, this should only affect their own populations. But the more important immediate impact of this reality has been that now some 37% of the judges on the European Court come from such regimes. In reality when judging cases, judges are arranged in "panels" and decisions are taken in good European style, by majority vote. Panels are hand picked so that outcomes are directly influenced by the panel make-up. Such a system is wide open to commercial and political knobbling. When votes take place there is no publication of dissenting views of those judges who did not agree with the verdict. As a result no one ever knows if decisions were taken without reasonable doubt. It is notable that the European Court on Human Rights, a European Council and not an EU institution, dissenting opinions by panel judges are published and it is remarkable to note that some of the most biased decisions have been taken against various groups, and especially the Roma, where the dissenting opinions stand as testaments to the corruption of the judges ruling against the complainants. Above all, such cases demonstrate that the decisions were taken without regard to the reasonable doubts expressed by other professional judges. Most dissenting opinions are drafted by judges who are not from Central and Eastern Europe but who come from cultures where the judiciary is more independent. However, such fairness and impartiality is completely compromised by the block voting of the other judges, generally directed to avoid political embarrassment for their government parties.

Constitutional effects

It is well known that the European Court has become more aggressive in taking stands favouring the strengthening of the power of the European Institutions. Whereas it often took stands against European Commission decisions in the past, demonstrating a welcomed level of objectivity and independence, the Court, more recently has been building up a track record of becoming more likely to rubber stamp European Commission decisions. The concept of independent appeal exists as a concept but in practice it is dying and with its passing so will the ability of people and companies to defend themselves against arbitrary decisions evaporate.

More significantly the British government's signing of the European Arrest Warrant means that a politician in a given country can, for a range of reasons, including personal interest arising from political or commercial pressure, arrange for the issuance, through a corrupt judge and aided by forged evidence conveniently provided by corrupt police or intelligence community officials, of an arrest warrant to have a British subject arrested and deported to the country making the request on the basis of this information alone. Effective habeas corpus is nonexistant since the evidence is accepted, extraordinarily, on the basis of good faith. Although there is no death penalty in Europe the European Arrest Warrant and the corruption associated with the agencies involved and the track record of the same individuals under the former regimes, it is always feasible for an innocent being found to have "committed suicide" in a police cell.

The abandonment of the people of Europe by political parties

At risk in a deepending power of the European Court over British and Irish affairs is the very freedom of the people of Ireland and the United Kingdom. The referendum provides an opportunity not to reject the European Union as such but rather to reject a deepending of influence as a result of majority voting and the ascent of an increasingly arbitrary European Court over the affairs of the people of Europe. Most governments in Europe do not enjoy the majority support of their electorates. Indeed, like the British government, most only have a very low electorate support (between 20%-30%) and therefore the European Treaty's strenghthening of "qualified majority voting" will result minority factional governments being able to lever their factional will on to the majority of European citizens with no effective appeal and enforced through the supremacy of the arbitrary justice of the European Court.

It is disappointing that the British government and the British politicians in Parliament have remained irresponsibly oblivious to the implications of the current trends in the European Union by their not raising such fundamental issues in their "Parliamentary debates". It therefore remains to be seen if the good people of Ireland have more sense than to be duped by their government to support a growing tyranny which at the moment, unless checked and redirected in a better direction, will enslave our children and grandchildren.

Posted: 2nd June, 2008

Updated: 3rd June,2008.

Credit: Source Emancipation 2nd June, 2008.