Friday, April 08, 2005

Sod the people we are going to do what we want anyway.

Yesterday afternoon the Head of the European Foreign Ministry (DG RELEX) a Spanish Basque by the name of Eneko Landáburu was speaking at a political forum organised by the German think-tank the Friedrich-Ebert-Stiftung, and informed the audience that the European Commission would ignore the democratic will of the people if they had the temerity to vote No.
He should be sacked.

The talk was titled “The priorities of the EU in external elations in 2005 and the process and preparations for the European Diplomatic Service and its work”.
So what did Eneko have to say that interests us? Well you see the European External Action Service (EEAS or EU Diplomatic Corps) does not in fact exist. The reason of course is simple., it has no legal basis, not a penny can be spent on it until it has such a basis. The problem that true believers have is that the legal basis sits in the European Constitution (Article III-296 – p80)
and therefore the EEAS, like so many other things cannot happen. The Dipso expect to be working under the European Foreign Minister – a post that also legally has to wait until ratification by all countries before it can be created.
“3. In fulfilling his or her mandate, the Union Minister for Foreign Affairs shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a European decision of the Council. The Council shall act on a proposal from the Union Minister for Foreign Affairs after consulting the European Parliament and
after obtaining the consent of the Commission”.

Well that is the theory.
The reality. The EEAS is up and running – well you see we want to be able to hit the ground running when the last country ratifies. The very next day European Embassies will open to replace the embassies of Member States in countries around the world.
This obviously shows that the following explanation on the Commission’s website is incorrect,
“According to the Declaration on the creation of a European External Action Service, the necessary arrangements for establishing this service should be made within the first year of entry into force of the Treaty establishing a Constitution for Europe”.
However what the DG said today gives a lie to even this. He made it very clear that despite the setback of referenda defeats, and thus non-ratification of the Treaty on the European Constitution,
“they will set an EU Foreign Minister up anyway... because it is an obvious necessity".

And they have the temerity to brag about Europe being governed by the rule of law.

1 comment:

ken said...

See Ratification Bottleneck; Anticipated Application of some Constitution innervations; Instruments provided by EU Law.

Interpreting the present treaties in the light of the Constitution,

Residual powers pursuant to Art. 308 TEC. Which grants the EC and open legislative power by which it can adopt measures aimed at a treaty goal that cannot be carried out using specific powers provided for in the TEC.

Enhanced Cooperation
This instrument established in Amsterdam and simplified in Nice, allows for a restricted group of member states to undertake an initiative which is not of interest to all. …It is especially useful in field that require unanimity, making it possible to get round vetoes albeit at a price that dissenting countries are not bound by the measures adopted. Thus enhanced co-operation would allow for actions to be taken before ratification in fields that currently require a unanimous vote in council but for which the commission envisages a qualified majority. Such initiative could have a locomotive effect encouraging member states not participating from the outset to join later.

Inter- institutional agreement and declarations; although not expressly provided for in the treaties are currently recognised as anomalous sources of EU law. Their legal value derives from the fact that they commit institutions to a certain kind of conduct in exercising their powers a commitment deriving from the general principals of loyal cooperation (also applicable to institutions) and legitimate expectations.
And on it goes, showing not only how they can claim to be legally entitled to do anything they like, but they will do so regardless of any democratic principals you or I would consider to be paramount in any form of government. To say the EU is un-democratic does not truly represent the situation; it is as Dr North says anti-democratic. SOD THE PEOPLE WE ARE GOING TO DO WHAT WE WANT ANYWAY! Truly describes the values of the EU, its institutions and those who support it. Which is why anyone who values democracy should do everything possible to work against this unelected and unaccountable cabal of Eurocratic elites who believe they have the god given right to dictate the way we will be governed.