Wednesday 12 September 2007

Remaining in the European Union is not for Westminster Political Elites to Choose

“What the British want is an over-arching clause that states that the European Court of Justice has no jurisdiction over common foreign and security policy.”

To demand '... clarification on the place of foreign policy and common security policy in the future treaty, asking for guarantees about the independence of British diplomacy, particularly concerning the authority of the European Court of Justice in this area.”, does not mean anything other than confirming that the United Kingdom opts out of a European-wide foreign policy. But this opt-out does not include an opting out of a requested judicial review of a member-state's actions of any kind, or or an opting-out of means of redress for arbitrary state actions outside of , or transgressing, Union-wide constitutional safeguards generally applicable to all member-states.

A Westminster government spokesman in Brussels insisted that the bilateral talks between British and European Commission lawyers were part of the normal process of negotiating the fine print of a treaty. He said: “We secured all of our red lines in June. Lawyers are now turning that agreement into a treaty text and the UK will ensure that all its red lines are fully respected.” But the UK is in no position to draw lines on everything the EU can do , while it remains a member-state.

The crux of the misfit between the European Union and the the regime at Westminster is exemplified in the famous 'red lines'; while the UK can opt out of anything fom the currency to conditions of employment, to civil rights, to war-mongering, it cannot undo the relations between the citizens of the other member-states and their own constitutional systems and the relations of both the member-states and their individual citizens to the powers of the European Union, which powers are closely set out and regulated, with clear routes to means of review and redress.

This clarity of relations, precision on rights, duties, claims, liberties and redress, is precisely what the Labour regime of the last 10 years has sought to dismantle within the United Kingdom under guise of 'security' and 'ant-terror' measures; as UK individuals we can be arrested under an enormous range of suspicions, DNAed , held for weeks without being brought before a magistrate in a publicly accessible hearing, interned, we are watched by remote camera systems, required to explain our presence, denied access to ostensibly public places, our rights of assembly are removed, and there is little scope for questioning the arbitrary use of authority conferred on all kinds of state bodies and their officials, under enabling acts that are scrutinised only in the most general outlines of the powers being taken, by a wholly controlled legislature. We cannot initiate legislation, and we cannot abrogate laws and legal instruments acting as such. Redress for abuse of power is immensely difficult if not impossible to obtain.

And if the other citizens of Europe were asked to put up with all of this, they would point at their constitutionally enshrined rights and laugh. The Westminster Labour regime cannot have 'red lines' over the democractic, institutional, constitutional and legal expressions of civic governance and politics of other member-states of the EU, or the EU itself.

Just as a Spanish investigative magistrate was free to seek the extradition of Pinochet from England to answer charges on the torture and murder of Spanish citizens, so all citizens, as well as state officers, of member- states of the EU can initiate actions against those, private or state, whose choices offend their rights and obligations under European Union rule.

The wholesale wrecking by the Labour regime over the last decade of many centuries of organic adaptation to changing times and expectations expressed through a jigsaw of interlocking laws, declarations, practices, and understandings that typified the English Constitution, could put the United Kingdom's membership of the European Union to serious question and judicial challenge. It is now clearly very seriously at odds with some of the fundamental and founding principles of the Union.

8 comments:

Newmania said...

I wonder if the sheer fiendish complexity is of its nature undemocratic HG. The referendum is resisted on the basis people will vote for or against the EU and not on the issue but if the people ruled cannot follow the laws then are they to blame especially when evrything is presented as an administrative adjustment

I used to broke dodgy risks in Llloyds with much the same tactic ...oh that? Oh just the usual gubbins ...

hatfield girl said...

Yes N, 'the sheer fiendish complexity is of its nature undemocratic'. I've seen a couple of theorising papers on the deliberate use of compexity to deny a voice to most (most having a life and eventually giving up till something hits home personally).

It's really hard peering through the verbiage, and there is a lot of shifting the ground of the discussion so that even when some sort of grip is achieved on the issue the responses are all off target and deliberately misleading.

If given the chance I will certainly vote for the UK leaving the EU. And I will vote for a party that commits to replacing what Labour has destroyed with a formal written constitution. Unlike you, I would prefer an elected head of state too, at the end of the current reign.

Attempts to export what has been installed in England over the last decade will cause ructions at many levels in other member-states.

Newmania said...

I would prefer an elected head of state too, at the end of the current reign.


Don`t worry HG when you are older you will grow out of that.I wrote a blog called the Priestly cast tracing the use of inscrutable ritual and secret language from Ancient Egyot to the Political elite once.
A Constitution is a means of importing leftish parameters thant noone really believes but it will be diffcult to say so. Thats why the left like it

hatfield girl said...

'the Priestly cast[:] tracing the use of inscrutable ritual and secret language from Ancient Egyot to the Political elite'.

You MUST post it again.
I was thinking today about all the special words that belong to regime-speak, though Mr Croydonian gives them an airing from time to time so there's no need here.

The Crown is considered to be indivisible from its wearer; while it's all right to go on to the end of this reign as the wearer has been widely admired and wholly accepted by the people, this is not true for her heir.
He really won't do. We need a proper, elected head of state and no more Crown (effectively Executive) privilege. Look where it's got us;an absolute no-no preening as monarch and picking his nose while interfering in everyone's life (including yours and your family and your friends and your class and your neighbourhood and your.......fill in what is dear to you).
I have given up growing out of anything, it was too much to ask of me.

Sen. C.R.O'Blene said...

'while the UK can opt out of anything fom the currency to conditions of employment, to civil rights, to war-mongering, it cannot undo the relations between the citizens of the other member-states and their own constitutional systems and the relations of both the member-states and their individual citizens to the powers of the European Union'

Which rather defeats the whole object of the Union in the first place. We're back to square one, but this time paying politicians to muck around, not royalty.

hatfield girl said...

Precisely, S, politicians acting as if they are royalty which, having assumed many of the Crown's powers, they are. Or at least the prime minister at Westminster is.
In some way the opposition being offered by the Opposition isn't getting to the point - well, what for me is the point. There must be some weirdly skewed focus groups being consulted, while possibly an active political imagination, a strongly formed political viewpoint, flexibility in finding ways of delivering a decently friendly and comfortable, uninterfered -with lifestyle for most comes a poor second to received wisdoms and sub-american paradigms (sorry) on vote-gathering and attempting to dominate the media.
How ever did we grow a political caste instead of political representatives?

Sackerson said...

Have you seen Peter Oborne's article in this week's Spectator, on the new British political class?

hatfield girl said...

I must buckle-to and read the journals S, mostly what is written here is ex novo, reflections and responses to what is going on in work and everyday life, friends, visitors, chat at table that sort of thing.
Might you be tempted to offer a quick precis?