The EU’s draft Reform Treaty – Statewatch analysis

On 23 July, the text of the
EU's draft Reform Treaty was released in French only. The English-language
texts were released on 30-31 July, and to date (9 August) the
draft Treaty is still not available in any other of the EU's
20-odd languages.

The draft Reform Treaty would repeal or amend every single Article
of the 62 Articles of the current Treaty on European Union (TEU)
and would make 296 amendments to the 318 Articles of the current
Treaty establishing the European Community (TEC). It would also
amend or repeal most of the current 36 Protocols to the current
Treaties as well as many Articles of the separate Treaty establishing
the European Atomic Energy Community (the Euratom Treaty). Finally,
it would add a number of new Protocols and Declarations to the
Treaties.

The EU summit meeting (European Council) decided in June that
these far-reaching amendments should be agreed by the end of
2007 and that the Reform Treaty should be ratified by June 2009
at the latest. In fact, the intention of the Portuguese Presidency
of the Council is to agree on the text of the Treaty by mid-October.
Taking account of the summer break this leaves very little time
for civil society, national parliaments and the European Parliament
to examine the draft text before it is agreed – and then once
it is agreed, the Treaty will be presented to parliaments on
a “take it or leave it” basis.

Moreover, the text of the Reform Treaty is completely unintelligible
unless it is read alongside the existing Treaties. Furthermore,
the full impact of many of the amendments to the Treaties set
out in the draft Reform Treaty needs further explanation. Finally,
there has been much public discussion of whether or not the draft
Reform Treaty is essentially identical to the EU's Constitutional
Treaty of 2004.

In order to further public understanding of and debate upon the
draft Reform Treaty, the following Statewatch analyses
make the text of the draft Treaty comprehensible, by setting
out the entire texts of the existing TEU and TEC and showing
precisely how those texts would be amended by the draft Treaty.
There are explanatory notes on the impact of each substantive
amendment to the Treaties, and each analysis includes general
comments, giving an overview of the changes and pointing out
exactly which provisions of the draft Reform Treaty were taken
from the Constitutional Treaty, and which provisions are different
from the Constitutional Treaty.

There are 3 analyses, divided into ten parts.
Analysis no 1
focusses on
the issue of Justice and Home Affairs

Analysis no. 2 is the amended text of the TEU, and is
divided into 2 parts:
the non-foreign
policy part of the Treaty
(basic principles and key institutional
rules of the EU) and
the foreign policy
part of that Treaty

Analysis no. 3 is the amended text of the TEC, and is
divided into seven parts more or less following the structure
of the Treaty:
Part One
of the Treaty on general provisions

Part Two
on non-discrimination and citizenship

half
of Part Three on the internal market and competition

(except for the JHA clauses, which are the subject of analysis
no. 1)
the
second half of Part Three, on other internal EU policies

(such as social policy, monetary union and environment policy)
Parts Four
and Five, on the associated territories and external relations

(including trade and development policy)
Part Six,
on the institutional rules
(including the rules on the
political institutions, the Court of Justice and the 'flexibility'
rules)

Part Seven,
the final provisions


The above analysis is from Statewatch.

The following further analysis from Blogdial.

On the fifth page of the first PDF, we have this:

Article 61 [67] (III-257)

1. The Union shall constitute an area of freedom, security and
justice with respect for fundamental rights and the different legal
systems and traditions of the Member States.

Sounds good doesnt it? but wait…

2. It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Title, stateless persons shall be treated as third-country nationals.

WTF? Boooooommmm!!!!!!!!

My emphasis.

A common policy on asylum? Lets let that one lie for the moment.

This part of the document is not only outrageous, for a legal document, it is extremely vague.
As far as I know, there is no legal relationship known as ’solidarity’.
This sort of language does not belong in a legal document, unless it is
defined somewhere else with great precision.

This part also uses the phrase ‘which is fair’. This is entirely
nebulous. What the Germans consider to be fair is anathema to the
decent English. This treaty, if it is filled with this sort of garbage,
is a dead document. Any lawyer who looks at it will destroy it without
getting past the first five pages.

3. The Union shall endeavour to ensure a high level of
security through measures to prevent and combat crime, racism and
xenophobia, and through measures for coordination and cooperation
between police and judicial authorities and other competent
authorities, as well as through the mutual recognition of judgments in
criminal matters and, if necessary, through the approximation of
criminal laws.

This cannot work, because the laws of Austria are reprehensible if
applied to an Englishman. There cannot be mutual recognition of
Germany’s laws for example, because they have outlawed Home Schooling;
should a Home Schooling family flee to the UK for freedom, if this
treaty were in place, they would be extraditable for something that is
not a crime in the UK.

4. The Union shall facilitate access to justice, in
particular through the principle of mutual recognition of judicial and
extrajudicial decisions in civil matters.

Once again, there is no way that the UK can recognize the myriad bad
law that exists throughout the EU. It is not a problem that these
countries have what we think is bad law, you simply do not subject
yourself to them by no going there to live or do business. What is
entirely wrong is that they want to force their law down our throats.

Article 62 [68] (III-258)

The European Council shall define the strategic guidelines for
legislative and operational planning within the area of freedom,
security and justice.

Unelected, unaccountable, undemocratic and totally insane.

Only a traitor would sign such a document.

There cannot be a referendum on this because no one in their right mind would sign up to it. This can only be brought in by compulsion, which will make all of its provisions void on their face.

In effect, this is a soft coup. You have no obligation to obey any of its provisions, and any government that ratifies this treaty is illegitimate.

This treaty is an assault on our intelligence. It is an assault on our freedoms. It is an assault on the United Kingdom. It will be the death knell for England.

It is a soft declaration of war by Brussels, aided and abetted by Traitors in the British Government.
This can only be brought in by compulsion, by force.

When the people say NO, when the people begin to resist and to demonstrate, to riot, to participate in civil unrest, to fight back, will British Troops and Police be expected or individually morally prepared to keep order, to arrest or even shoot British citizens, or will the 'colleagues' send the Germans in to keep us in line.

Scenario's like that no-one would ever wish to see, but whilst the British Government remains with its head in the sand, refuses to listen to the people, to the will of the people, it must surely be aware of the resolve of the British.

Such a Treaty is not the British way.

To I say to those in power in Europe who would see us herded and picked off like buffalo, even buffalo know the power of the masses. Video: Buffalo take on lions and crocodiles


The only way forward is a REFERENDUM


Sign the No.10 Petition
for a referendum now.

“The European Union must be destroyed” – “L'Union Européenne diot être détruite”

CETERVM CENSEO CONVENTUM EVROPÆAM ESSE DELENDAM

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About IanPJ

Ian Parker-Joseph, former Leader of the Libertarian Party UK, who currently heads PDPS Internet Hosting and the Personal Deed Poll Services company, has been an IT industry professional for over 20 years, providing Business Consulting, Programme and Project Management, specialising in the recovery of Projects that have failed in a process driven world. Ian’s experience is not limited to the UK, and he has successfully delivered projects in the Middle East, Africa, US, Russia, Poland, France and Germany. Working within different cultures, Ian has occupied high profile roles within multi-nationals such as Nortel and Cable & Wireless. These experiences have given Ian an excellent insight into world events, and the way that they can shape our own national future. His extensive overseas experiences have made him all too aware of how the UK interacts with its near neighbours, its place in the Commonwealth, and how our nation fits into the wider world. He is determined to rebuild many of the friendships and commercial relationships with other nations that have been sadly neglected over the years, and would like to see greater energy and food security in these countries, for the benefit of all. Ian is a vocal advocate of small government, individual freedom, low taxation and a minimum of regulation. Ian believes deeply and passionately in freedom and independence in all areas of life, and is now bringing his professional experiences to bear in the world of politics.
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