Showing posts with label france. Show all posts
Showing posts with label france. Show all posts

Friday, February 13, 2009

France Proposes New EU Ministry of Silly Authentic Acts ala Monty Python that Jeopardizes Anglo-American Free Enterprise

ITSSD: French 'Authentic Acts' Proposal Jeopardizes Anglo-American Free Enterprise


PRINCETON, N.J., Feb. 13 /PRNewswire-USNewswire/ -- In a short article published by the Washington Legal Foundation, international business, trade and regulatory lawyer Lawrence Kogan identifies how France is working to export two central tenets of Napoleonic civil law preventive justice throughout global commerce to "change" the rule of international law and Anglo-American free enterprise.


Arguably, says Kogan, "Were it not for its uncanny resemblance to Monty Python's timeless skit - The Ministry of Silly Walks, the Sarkozy Government's recent proposal to expand the privileged monopoly long enjoyed by les notaires de France and the intrusive and regulation-prone French legal system would likely have been considered more seriously and opposed by Anglo-American businesses and political leaders."


[http://www.youtube.com/watch?v=IqhlQfXUk7w - Ministry of Silly Walks]

Civil law notaries are agents of the State who possess the ministerial responsibility for issuing 'authentic acts'. Authentic acts are drawn up legal instruments that follow a prescribed form, recognize and provide conclusive evidence that specific private agreements have been reviewed and approved by empowered public officials, and render such agreements legally enforceable in a court of law.

From afar, the Sarkozy initiative appears earnest - a regional harmonization effort designed to promote greater economic 'efficiency', 'consumer protection' and 'legal certainty' within the 27-state Eurozone. A closer inspection, however, reveals that it does not guarantee true reciprocity. Also, it indirectly broadens the scope of governmental oversight and control over private business and personal transactions consummated within and beyond the region.


"Most troubling of all," emphasizes Kogan, "is how civil law preventive justice enables governmental use of authentic instruments, as it does Europe's Precautionary Principle, to undermine common law evidentiary rules and private property rights. Private property owners in contentious justice-based common law jurisdictions depend on substantive and procedural due process to ensure their day in court and the protection of their exclusive rights from government overreach. These fundamental rights will now be jeopardized to the extent civil law judges are required to attach greater probative value to authenticated instruments than to common law notarized private agreements, and are denied the discretion to consider other forms of documentary evidence to resolve legal disputes."


The Institute for Trade, Standards and Sustainable Development (ITSSD) is a non-partisan non-profit international legal research and educational organization that examines international law relating to trade, industry and positive sustainable development around the world. This article is accessible online at:


and


Sunday, May 4, 2008

European Dream Only a Fantasy, as Europeans' Quality of Life Falls Precipitously

http://www.nytimes.com/2008/05/01/business/worldbusiness/01middle.html?partner=rssnyt&emc=rss


For Europe’s Middle-Class, Stagnant Wages Stunt Lifestyle


By CARTER DOUGHERTY and KATRIN BENNHOLD


New York Times


May 1, 2008


LES ULIS, France — When their local bakery in this town south of Paris raised the price of a baguette for the third time in six months, Anne-Laure Renard and Guy Talpot bought a bread maker. When gasoline became their biggest single expense, they sold one of their two cars.


Their combined annual income of 40,000 euros, about $62,500, lands Ms. Renard, a teacher, and Mr. Talpot, a postal worker, smack in the middle of France’s middle class. And over the last year, prices in France have risen four times as fast as their salaries.


At the end of every month, they blow past their bank account’s $900 overdraft limit, plunging themselves deeper into a spiral of greater resourcefulness and regret.


“In France, when you can’t afford a baguette anymore, you know you’re in trouble,” Ms. Renard said one recent evening in her kitchen, as her partner measured powdered milk for their 13-month-old son, Vincent. “The French Revolution started with bread riots.”


The European dream is under assault, as the wave of inflation sweeping the globe mixes with this continent’s long-stagnant wages. Families that once enjoyed Europe’s vaunted quality of life are pinching pennies to buy necessities, and cutting back on extras like movies and vacations abroad.


[THE EUROPEAN DREAM WAS AT BEST A FANTASY, AT WORST, AN OUTRIGHT LIE]


Potentially more disturbing — especially to the political and social order — are the millions across the continent grappling with the realization that they may have lives worse, not better, than their parents.


“I have this feeling that there is a wall in front of us,” said Axel Marceau, a 41-year-old schoolteacher living outside of Frankfurt. “We’re just not going to get any further.”


His concerns are well-founded. A study by the German Institute for Economic Research in Berlin found that the broad middle of the German work force, defined as workers making from 70 to 150 percent of the median income, shrunk to 54 percent of the population last year, from 62 percent in 2000.


Mr. Marceau’s father had a teaching job that afforded the family upward mobility, from owning a home to fancy ski vacations. But today, Mr. Marceau said, a new class of bankers, executives and other high earners has taken over. “I feel like we’ve been in a slow process of losing to the people up top,” he said.


“No one thought during the 1980s that they could possibly belong to a group of people who slide down the social scale,” said Markus Grabka, an economist at the institute for economic research. “No one had existential angst of the sort you have today.”


To be sure, Europe’s middle class is still larger than the number of people at risk of falling into poverty — and, by many measures, more protected than the American middle class. But policy makers worry that could change as the European economy starts to feel the drag of an American slowdown and high inflation.


[OF COURSE, EUROPEANS BLAME THE AMERICANS FOR THEIR OWN POLICY FAILINGS]


“The problem,” said Julián Cubero, chief economist for Spain for BBVA, a leading Spanish bank, “is that if your salary rises more slowly than the cost of products you buy on a daily basis, you feel poorer every day.”


That simmering concern turned into anger last week in Britain. Striking teachers closed schools for the first time in two decades, protesting pay packages that did not keep pace with the soaring cost of living. Proposed raises were about 2.5 percent, while food has risen 7 percent and oil costs have surged 20 percent in Britain since this time last year.


The teachers’ rallying cry was just the latest to echo across the Continent.


German workers from several industries waged a series of strikes last month demanding a greater piece of the economic pie after years of being asked to make salary concessions — flexibility that, some economists argue, has helped a leaner, meaner Europe stave off recession so far.


In France, where purchasing power has replaced unemployment as Public Enemy No. 1, unions representing workers from teachers to factory workers have taken to the streets in protest.


This month, thousands of European workers converged on the capital of Slovenia, which currently holds the European Union’s rotating presidency.


[PERHAPS, THESE WORKERS SHOULD RELY LESS ON SO-CALLED UNION BENEFITS, AND CONCENTRATE MORE ON SELF-HELP. RELIANCE ON OTHERS BREEDS RENT-SEEKING AND LESS THAN OPTIMAL PERFORMANCE]


Quantifying the squeeze on Europe’s middle class is tricky; there is no universal definition of middle class, and national agencies differ on how they calculate purchasing power, making cross-border comparisons difficult.


Tallying inflation is simpler: Since 1999, prices have risen 22.5 percent in the 27 member states of the European Union, and 18.8 percent in the 15 countries that use the euro.


Much of the declining purchasing power of European workers can be traced to those numbers, and to policy decisions and economic developments over the last decade when globalization began to reshape Europe and the world.


[THESE ARE SEEDS OF ANTI-AMERICANISM - AMERICA IS BEING IDENTIFIED AS THE CAUSE OF GLOBALIZATION. IS EUROPE'S SOLUTION TO GLOBALIZATION THE NEGATIVE MALTHUSIAN SUSTAINABLE DEVELOPMENT-BASED ENVIRONMENTAL GLOBAL GOVERNANCE IT IS NOW PROMOTING AT THE UNITED NATIONS AND OTHER MULTILATERAL FORA???]


In Germany, Europe’s largest economy, the decline in purchasing power began in 2000, when employers started wresting wage concessions from unions, or simply shifting jobs to Eastern Europe and China.


[CORRECTION, GERMANY AND ITALY STARTED INVESTING IN CHINESE FACTORIES DURING THE 1990'S, ESPECIALLY IN THE TEXTILE, CERAMICS, CASTING AND OTHER LABOR-INTENSIVE MANUFACTURING SECTORS.]


Inflation-adjusted incomes rose from 1 percent to 2 percent in the late 1990s, but more than one million Germans lost full-time jobs during and after a recession in 2000 and 2001.


Subsequently, workweeks got longer without extra pay, and from 2004 through 2007, inflation outpaced income increases for the average family.


In France, the 35-hour workweek kept average annual pay increases below 1 percent for nearly a decade, said Robert Rochefort, the director general of Credoc, an organization in Paris that researches living standards. But French hypermarkets — big-box supermarkets that dominate the retail market — kept prices high, he said.


Spain generated thousands of jobs by pumping up the housing market, but has undergone a joblessness jump since the turmoil in real estate markets while wages have been consumed by inflation.


“When I started working at 23, I earned almost the same wage that I earn now,” said María Salgado, a 37-year-old director of television documentaries living in Madrid. Fourteen years ago, her monthly salary of about 1,200 euros ($1,873), bankrolled a full social life.


No longer. “The well-to-do middle class has become the tight middle class,” she said. “I’m surprised we haven’t started a revolution.”


Instead, Ms. Salgado cut her fish purchases to once a week, switched to supermarket brands and away from health-food stores, and halved her visits to the psychotherapist. She spends some weekends with her children, Violeta, 9, and Juan, 4, at her ex-husband’s parents’ home in the countryside — a stressful arrangement, but one that enables her to avoid expensive weekends in Madrid.


“Violeta asked me, ‘Mama, are we poor?’ I said, ‘No, we’re not poor,’ ” Ms. Salgado recalled, laughing. “But the middle class used to live well. And if you have lived well, it’s hard to live so badly.”


Stagnant pay and soaring prices have hit Italy hardest. Recent statistics from the country’s main shopkeepers’ union showed consumer spending was down 1.1 percent in January from a year earlier, the biggest drop in three years. Leisure and recreation spending fell 5.5 percent.


Francesca Di Pietro, a secretary, and her partner, Gianluca Pompei, a project manager, are part of that trend. Since their son, Mario, was born nearly two years ago, they have spent little on entertainment.


“I’ve become anxious about unexpected expenses,” Ms. Di Pietro said. To stretch their monthly income of about 2,500 euros ($3,900), the couple has been getting hair cuts at the local beauty school, packing a lunch for work, buying secondhand clothes in market stalls and vacationing at campsites instead of hotels.


They have abandoned their dream of living in central Rome, from an outlying neighborhood.


“I look at people on the bus and they seem sad and beaten down,” said Ms. Di Pietro, referring to Italy’s malaise. “We’re 40 years old. We should be feeling more combative, but really all we feel is frustrated.”


Some European governments are promising relief, but their ability to curb inflation or raise pay is limited.


Italy’s warring political coalitions both ran in last month’s elections promising to lighten the financial burden of average Italians. Their proposals ranged from eliminating unpopular real estate taxes to subsidizing dental care.


In France, the administration of President Nicolas Sarkozy is, among other things, looking into charges of price gouging by food merchants.


German leaders are considering lower taxes. It may not be enough.


Frustrated unions are taking tougher stances in wage talks. Public sector employees, as well as workers in the steel and chemical industries, have recently won wage increases.


“The idea that ‘I will sacrifice to save my job’ is dying,” said Ralf Berchthold, a spokesman with Ver.di, the largest services union in Germany. “People are ready to fight now.”


Carter Dougherty reported from Frankfurt, and Katrin Bennhold from Paris. Victoria Burnett contributed reporting from Madrid, and Elisabetta Povoledo from Rome.

Saturday, January 19, 2008

Europe in the vice

http://igst.blogspot.com/2007/12/europe-in-vice.html


The structure of the European Union is such that power will ebb inexorably away from national governments and flow to Brussels. European Union laws supersede national laws and can be enacted to some degree free of control by national legislatures. This bodes ill for Europe.


Any hope that there are strong constituencies within the European Union willing to safeguard democratic control of government cannot but be dashed when there is such evident contempt for voters in European political circles as evidenced by the manner in which they are attempting to implement the defunct E.U. Constitution.


First, the structure of the E.U. that facilitates centralization:


[L]aws in the EU are made by the Council of Ministers, i.e. the committee of 27 ministers for whichever subject is being voted on, EU integration means that governments receive wide-ranging law-making powers.


This is, of course, incompatible with the principle of the separation of powers. According to that principle, the executive power (the government) should be separate from, and accountable to, the legislature (the national parliament) and of course the judiciary. Dictatorship is precisely the form of government in which the executive is not so constrained, and this is also the case in the EU.


Because the EU represents a dramatic and constant transfer of legislative power from national legislatures to national executives (sitting in the Council of Ministers), it can also be dubbed “a permanent coup d’état”. . . . The fact that the Council of Ministers, the EU’s legislature, meets and votes in secret only makes the fundamentally anti-democratic character of the European construction even clearer.[1]


The structure of the European Union thus favors a dangerous transfer of power to a Council of Ministers meeting and voting in secret.


The conduct of the E.U.'s proponents, as opposed to its structure, shows similar contempt for democratic governance. Witness the underhanded way in which the previously rejected-by-voters E.U. constitution is being foisted back on the people of Britain and Europe by merely breaking apart the same constitution and attaching those parts to existing treaties. This is being done by a process of amendment, which amendments deliberately use impenetrable hypertechnical language and require the interested observer to plough back through the extant treaties to understand how a disembodied amending provision relates back.


Then there's always the aboveboard contempt for European voters. From Valery Giscard d'Estaing, former president of France:


The rejection of the constitution [by the voters in referendums] was a mistake which will have to be corrected [by more sagacious people].[2]


And:


"Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly [...] All the earlier proposals will be in the new text, but will be hidden and disguised in some way.[3]


This drift toward a powerful and unconstrained executive in the European Union is deathly serious. It is the opposite approach taken by our founding document, which should be as useful a guide to Europeans as it is -- or might be -- to us.


Alas, European political leaders now flirt with centralization of power in a manner demonstrating that the preeminent political lesson of the twentieth century was not learned. They thus risk laying the foundation for an oppressive superstate. How far this process will go before Europe slides back into black fascism or red fascism is no small question.


Tragically, at the same time, these political leaders remain blind to – or cowed by -- the totalitarian menace growing in their midst, but which has its roots not in the twentieth but in the seventh century.


Europe is now effectively caught between the arms of a vice.


Notes
[1] "Why Europe’s National Politicians Sign Away National Sovereignty." By John Laughland, The Brussels Journal, 12/19/07 (emphasis added).
[2] "The Betrayal of Freedom in Europe: Back in the EUSSR." The Brussels Journal, 12/19/07.
[3] Id. (Emphasis added.)

posted by Col. B. Bunny at 12/19/2007

Belien: Back in the 'EUSSR'

The following excerpt was taken from an article prepared by former George Mason University educator Eleanor Duckwall. It appears on “Eleanor Duckwall’s Spotlight” blog, which analyzes current events and exposes anti-Americanism of all forms.


http://sixthcolumn.typepad.com/duckwalls/2007/12/belien-back-in.html


http://sixthcolumn.typepad.com/duckwalls/2007/12/belien-back-inhtml#more


December 19, 2007


From an agreement on the coal and steel industries in 1951 to a totalitarian state, all within my lifetime:


Last Thursday, the heads of government of the 27 member states of the European Union convened in the Portuguese capital Lisbon to sign the EU Reform Treaty. That "Treaty of Lisbon" is almost identical to the European Constitutional Treaty, the so-called EU Constitution, which was rejected two years ago in referendums in major EU member states.


The EU rules stipulate that treaties only become effective when they have been ratified in all 27 member states. The "no" votes in the 2005 referendums killed the constitution, which would have transformed the EU from a supranational organization of 27 sovereign member states into a genuine single European federal state with 27 provinces. It was clear from the outset, however, that the peoples of the various European states were not willing to renounce their national sovereignty for a "United States of Europe."


Nevertheless, the European leaders are determined, no matter what their electorates say, to transform the EU into a USE. As Jean-Claude Juncker, the prime minister of Luxembourg, said prior to the referendums: "If the vote is yes, we will say: We go ahead. If it is no, we will say: We continue." Or as the former president of France, Valery Giscard d'Estaing, the chairman of the so-called convention, which drew up the constitution, said: "The rejection of the constitution [by the voters in referendums] was a mistake which will have to be corrected."


In order to correct the voters' mistake the reform treaty was drafted. This treaty is a copy of the constitution, with the articles in a somewhat different order, with many additions to deliberately complicate the text and without references to a national flag or anthem. As Mr. Giscard explained in June to the Paris leftist paper Le Monde: "Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly... All the earlier proposals will be in the new text, but will be hidden and disguised in some way."


Or as Guiliano Amato, the foreign minister of Italy and the former vice chairman of the convention, said about the document that the European leaders signed last week: "They decided that the document should be unreadable. If it is unreadable, it is not constitutional, that was the sort of perception."


The EU leaders agreed that none of the member states (apart from Ireland, which is obliged to do so under its own constitution) will hold a referendum about the new treaty. Instead, the national parliaments will ratify the treaty. "There is a cleavage between people and governments," admitted French President Nicolas Sarkozy. "A referendum now would bring Europe into danger. There will be no treaty if we had a referendum in France."


Once the Lisbon Treaty is ratified in all member states, the legal nature of the EU will change into that of a state. The national constitutions and the national parliaments will be subordinate to the EU, which will be enabled to unilaterally increase its own powers.


Europe's politicians are very eager to sell out their national sovereignty to the EU because the Brussels-based EU governing bodies are either unelected (the commission) or unaccountable (the council). Moreover, the European Parliament is not a real parliament. It cannot reject the so-called EU directives, which the national parliaments are obliged to incorporate into their national legislation. Even today, up to 70 percent of the legislation in the various 27 EU member states emanates from Brussels.


Former Soviet dissident Vladimir Bukovsky has coined the term "EUSSR" to refer to the EU. He claims Europe is on its way to developing into a totalitarian state. In the early 1990s Mr. Bukovsky was given permission to research the secret documents of the Soviet leadership. To his amazement he found a transcript there of a conversation held during a visit in January 1989 of Mr. Giscard to then-Soviet leader Mikhail Gorbachev. In this conversation the former declared to the latter that "within 15 years Europe is going to be a federal state." The USE project was delayed a bit by the 2005 referendums, but European politicians have managed to get it back on track in Lisbon. "Today's situation is really grim. Major political parties have been completely taken in by the new EU project. None of them really opposes it. They have become very corrupt. Who is going to defend our freedoms?" Mr. Bukovsky asks...

Tuesday, January 1, 2008

11/6/07 E-mail Correspondences Between Roger Helmer UK Member of European Parliament & Lawrence Kogan, ITSSD CEO

The following reflects a series of e-mail correspondences between Roger Helmer, UK Member of the European Parliament and ITSSD CEO/President Lawrence Kogan during November 6, 2007:

The Context:

The correspondences arose as the result of a recent UK Telegraph article entitled "Giscard: EU Treaty is the Constitution Rewritten". See: http://itssdeconomicfreedom.blogspot.com/2008/01/destaing-french-father-of-europe-admits.html .

The ITSSD believes it is critical to emphasize to the American people how the EU Brussels institutions and leadership tried to get the renegotiated EU treaty past the electorate without a referendum.

According to ITSSD CEO Lawrence Kogan,

"If, as is apparent, the EU governmental apparatus in Brussels, which includes representatives of the EU member states, would endeavor to deceive its own citizens in this fashion, what do you think it would endeavor to do to the United States as the result of entering into the Faustian bargain it appears to have concluded with the White House concerning the trade-off of EU support for PSI in exchange for US support of UNCLOS [United Nations Convention on the Law of the Sea - See: "UNCLOS Alchemy" at: http://itssd.blogspot.com/2007/11/unclos-alchemy.html ] and other environmental treaties?"

In response to the UK Telegraph article and to this point delivered by an intermediary, Roger Helmer made the following Nov. 6 comment:

"...[A]ny number of EU leaders have been falling over themselves to say that the Treaty is 90%, or 95%, or 98% of the Constitution. It is quite extraordinary that Gordon Brown and his ministers can go round insisting that the Treaty is "a totally different document" in the face of all this publicity. You may like to know that the London think-tank Open Europe has done an excellent line-by-line comparison of the two documents, which makes the case beyond denial.


E-Mail Correspondences:

From: lkogan [mailto:lkoganlaw@msn.com]
Sent: 06 November 2007 15:10
To: HELMER Roger
Subject: FW: the Giscard D'Estaing's comment on EU treaty
Importance: High


Dear Mr. Helmer:

I was recently forwarded your note in response to our concern about the D'Estaing article appearing in a recent issue of the Telegraph. It is fascinating how, in this day and age of interconnectedness and immediate information that politicians would try to 'pull a fast one' over on the electorate as they seemingly have tried to do on both sides of the pond - the EU as concerns the Lisbon Treaty/Constitution; the White House as concerns the UNCLOS.

We have been tracking the EU constitutional debate most recently since at least June and have concluded that the failure to resolve the constitutional conundrum in the manner desired by the 'fathers of Europe' would deal a death-knell blow to the federalism concept and preserve England's national sovereignty.

We also found that the UN climate change debate which now focuses on preserving the marine environment with the US ratification of UNCLOS serves as another diversion from this constitutional dilemma. It seems that the Brussels' institutions need to 'project outward' their environmental concerns and proposed solutions in order to cure the failings within the union, even if it means infringing on fundamental human/constitutional rights, 'negative' exclusive private property rights chief among them. Please see:
http://www.itssd.org/White%20Papers/Europe_sWarningsonClimateChangeBelieMoreNuancedConcerns.pdf

Lastly, we are curious to know why D'Estaing 'outed' Brussels on the Treaty/Constitution. Was it merely an exercise of 'damage control' given that the information had been publicly 'leaked', or is there more to his confession???

We will soon highlight the parallel of these two situations to the American public.

Thank you for your consideration and interest.

Sincerely,

Lawrence A. Kogan, Esq.
President/CEO
Institute for Trade, Standards and Sustainable Development (ITSSD)

************************************************************************************


From: HELMER Roger [mailto:roger.helmer@europarl.europa.eu]
Sent: Tuesday, November 06, 2007 10:13 AM
To: lkogan
Subject: RE: the Giscard D'Estaing's comment on EU treaty

Dear Lawrence,

Thanks for this: good to hear from you. Thanks also for your interesting comments, and for the link.

On your question about Giscard: we have a bizarre situation where European politicians not under pressure to hold referenda are actually proud of their achievement in retaining most of the failed Constitution. They feel they have solved a problem. On the Open Europe web-site you will find a whole series of comments from them, many containing numerical estimates. They seek to outbid each other, claiming 90%, 95%, 98% of the Constitution "saved". You will also find a point-by-point comparison of the clauses in the Constitution and in the "Treaty".

Giscard himself has a lot of personal capital invested in the Constitution, and its rejection was a huge set-back for him personally. So he is intensely proud that virtually every line has been saved.

But at the same time politicians facing pressure for referenda, like our own Gordon Brown, have no option but to insist that it's a quite different document. Indeed in terms of technical structure they have a point. It is an amending treaty, in kind like earlier treaties. It is not a Constitution, which would have swept away the confused dog's breakfast of the early sequence of treaties, while codifying all their substance into a single text.

But this is a minor technical point. In terms of practical effect, the governance of the EU and the independence of member states, it is identical.

Best regards.
ROGER HELMER
www.rogerhelmer.com

************************************************************************************


From: lkogan [mailto:lkoganlaw@msn.com]
Sent: 06 November 2007 16:24
To: HELMER Roger
Subject: RE: the Giscard D'Estaing's comment on EU treaty

Dear Roger,

Thank you for your most thorough reply.

Is there a way to create public demand in Europe for more referenda considering that the 'fundamental' right of Europeans 'to be heard' is being trampled on?

Perhaps we could coordinate some type of campaign on this bringing in an assortment of organizations to expose the old 'form over substance' shenanigan being employed at the expense of individual rights??? Will this be their future under a Brussels-driven technocracy of philosopher kings??

Would this hold any sway with the electorate at this point in history?

Best Regards,

Lawrence

************************************************************************************


From: HELMER Roger [mailto:roger.helmer@europarl.europa.eu]
Sent: Tuesday, November 06, 2007 10:33 AM
To: lkogan
Subject: RE: the Giscard D'Estaing's comment on EU treaty

Dear Lawrence,

I really appreciate your offer of help, but we already have a series of campaigns focussed on demanding referenda both in individual countries and more widely. Anything you can do to raise awareness of the cynical and deceitful disregard of the European élites for public opinion and democratic values would be much appreciated.

Meantime you are right to point out to an America audience how quickly democracy can tip over into authoritarianism.

I never thought I would say this, but there is a fundamental flaw in our democratic process. Because the EU is a cross-cutting issue for our major political parties, it can leave the voter with no clear way of expressing dissent (except in euro-elections, where the share of vote for rejectionist fringe parties goes shooting up).

That is why various non-party organisations and movements are involved in the campaign. See www.tfa.net; www.betteroffout.co.uk .

Best regards. R.

************************************************************************************


From: lkogan [mailto:lkoganlaw@msn.com]
Sent: 06 November 2007 18:23
To: HELMER Roger
Subject: RE: the Giscard D'Estaing's comment on EU treaty

Dear Roger,

Would you be willing to permit me to quote any passage within your correspondence to me to show the authenticity of the democratic deficit in the EU and Britain?? If not, I understand and will respect your wishes to keep my comments general as to the issue without reference to you by name or position.

This may help to drive home the seriousness of what is occurring on both sides of the pond.

Best Regards,

Lawrence

************************************************************************************


From: HELMER Roger
Sent: Tuesday, 06 November 2007 12:47 PM
To: lkogan
Subject: RE: the Giscard D'Estaing's comment on EU treaty

Dear Lawrence,

Absolutely. Go for it. And also feel free to quote from my blog, which covers these matters in more detail, or to offer a link to the blog.

Best regards. Roger.

http://rogerhelmermep.wordpress.com/

Will America Follow the UK Down the 'Slippery Slope' of Unaccountable EU-Driven Global Governance? UK 'I Want a Referendum' Campaign Instructive

IWR Campaigning Across the Country

http://www.iwantareferendum.com/PRDetail.aspx?ArticleID=1137

Press releases
16/10/07


...Why we need a referendum

EU leaders admit the new treaty is the same as the old EU Constitution

In the 2005 election the Government promised to hold a referendum on the proposed EU Constitution. Later that year, French and Dutch voters overwhelmingly rejected the Constitution in their own referendums.

But EU leaders refused to listen. They are now trying to reintroduce the rejected Constitution in the form of a new treaty. Although they have changed the name, the contents are almost exactly the same. This is a deeply dishonest process.

The author of the Constitution, Valery Giscard d’Estaing, says: “All the earlier proposals will be in the new text, but will be hidden and disguised in some way.”

The Spanish Prime Minister Jose Zapatero admits: “We have not let a single substantial point of the Constitutional Treaty go… It is, without a doubt, much more than a treaty. This is a project of foundational character, a treaty for a new Europe.”

The German Chancellor Angela Merkel says simply: “The substance of the Constitution is preserved. That is a fact.”

To find out more about what people across Europe are saying about the revised EU Constitution download our pamphlet: "They said it".
[ http://www.iwantareferendum.com/publication/theysaidit.pdf ].

Only 10 out of 250 proposals in the “new” treaty are different from the proposals in the original EU Constitution. In other words, 96% of the text is the same as the rejected Constitution. Of the few changes there are, very few are of any significance – for example, the new version of the Constitutional Treaty no longer mentions the symbols of the Union, like its flag and anthem. However, of course these symbols already exist.

The think-tank Open Europe has produced a side-by-side textual comparison of the old and new versions of the Constitution. You can download a copy here.
http://www.iwantareferendum.com/case.aspx

They said it: What people are saying about the new EU Constitution
http://www.iwantareferendum.com/publication/theysaidit.pdf


The Constitutional Treaty – what does it mean in practice?

(2) Weakening our ability to say “no” to EU laws we don’t want

A new voting system would cut Britain’s power to block EU laws it opposes by 30%. The UK’s veto - our right to say no - would be given up in 60 new areas covering everything from employment law to energy policy.

This could mean, for example:

Higher fuel bills. The European Commission has proposed a huge increase in oil reserves, which would have cost the UK up to £3 billion to implement. Previously the UK was able to veto this proposal, but under the Constitution it could go ahead.

The Government was able to water down some of the most damaging aspects of the EU’s Financial Services Action Plan by forming a blocking minority with a number of small member states. Many of the proposals were purely intended to favour other EU countries over the UK, and could have cost the UK billions. With our power to block legislation cut this would not have been possible.

Inevitably even more regulation would be passed. According to the Government’s own figures EU regulation since 1998 has cost the UK £40 billion. The Constitutional Treaty would mean even higher costs. No wonder that polls show that 81% of UK firms want the EU to do less, not more.
http://www.iwantareferendum.com/case3.aspx


The Constitutional Treaty – what does it mean in practice?

(1) Making it harder to fight crime


The Constitutional Treaty would give the EU considerable new powers over crime, policing and the law courts.


EU judges would gain power over justice and policing for the first time. The European Court of Justice would become the highest court in the land and would begin to set the UK's substantive criminal law. The Government has admitted that this would be a fundamental transfer of “national sovereignty”.

It would become illegal under EU law to try someone twice for the same crime. This would mean that criminals like Billy Dunlop, who was successfully convicted of murdering Julie Hogg when new evidence came to light 15 years after he was originally acquitted, would not have been convicted.


The Constitutional Treaty also states that “the severity of penalties must not be disproportionate to the criminal offence”, which could undermine the discretion of British judges to keep infamous killers like Rosemary West in jail permanently.


EU officials have already told a BBC reporter that they will use their new powers to pass judgement on the UK’s anti-terror laws. The BBC’s Europe Editor reported: “A Commission spokesman was telling me, “Well we’d want to look at things like Belmarsh, can you hold foreign suspects indefinitely?” The Commission don’t like it, so Britain could get hammered.”


The EU would gain other new powers over criminal justice. The EU’s police force, Europol, would be able to initiate investigations on British soil for the first time, making it more like a European version of America’s FBI.

This could have worrying implications. Unlike British police forces, Europol’s officers are largely unaccountable. They cannot be compelled to testify in court and are immune from prosecution for acts performed in the course of their duties. Europol also has its own problems with corruption – for example its offices were raided by Belgian police as part of a fraud investigation.


The European Prosecutor “Eurojust” will also get sweeping new powers. Johannes Thuy, a spokesman for Eurojust, confirmed that “We could compel the British police to make a prosecution.”
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The Constitutional Treaty – what does it mean in practice?

(3) Less control over asylum and migration

The European Court of Justice would gain substantial new powers to determine the rights of migrants. There would be far more rulings like the recent Chindamo case, in which the UK Government found itself powerless to deport the convicted murderer of school headmaster Philip Lawrence.


The Government has admitted that the proposals in the Constitutional Treaty will mean even more costly asylum and immigration appeals. In November 2006 Geoff Hoon said: “there is clearly a risk that adding what is in effect an avenue of appeal at a very early stage in the process might be an opportunity of further complicating our existing asylum and immigration processes.”


The Charter of Fundamental Rights, which would become legally binding under the Constitution, could also complicate attempts to deport terror suspects and other foreign criminals. This could lead to increased costs for UK taxpayers as migrants claim benefits while they wait for their case to be heard. It currently takes two years before the ECJ even begins to hear an appeal.


New rights set out in the Constitution are likely to erode the current strict limits stopping EU migrants from claiming benefits in the UK if they have not worked. A new “burden sharing” requirement means that UK taxpayers will have to pay for the upkeep of migrants even in other countries. The UK Government initially opposed most of these new EU powers – but it later gave way.


While there are a range of views about all these issues, most people think they should be decided in the UK by accountable politicians. But under the Constitutional Treaty the European Court of Justice would end up making what are essentially political decisions. If British politicians disagreed with these judges, it would be impossible to get the rulings overturned.
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The Constitutional Treaty – what does it mean in practice?


(4) More EU powers over our foreign policy and defence

The Constitution sets up an EU Foreign Minister, an EU Diplomatic Service, and gives the EU the right to sign treaties – just like a single country. It introduces majority voting into all kinds of foreign policy questions.


The Spanish Prime Minister has predicted that “We will undoubtedly see European embassies in the world, not ones from each country, with European diplomats and a European foreign service. We will see Europe with a single voice in security matters. We will have a single European voice within NATO. We want more European unity.” The British Government opposed many of these proposals, including the automatic right of the new EU Foreign Minister to speak on our behalf in the UN Security Council, but later gave in.


The Constitutional Treaty also sets up a “structured cooperation” group, in which the UK will participate. It states that members will have to achieve “approved objectives concerning the level of investment expenditure on defence equipment” and “bring their defence apparatus into line with each other”. A research paper by the European Federalists notes that “Structured Co-operation in the field of Defence is a significant step towards a Single European Army.”

German Chancellor Angela Merkel also said earlier this year that “Within the EU itself, we will have to move closer to establishing a common European army.”

Italian Prime Minister Romano Prodi has said “When I was talking about the European army, I was not joking. If you don’t want to call it a European army, don’t call it a European army. You can call it ‘Margaret’, you can call it ‘Mary Ann’, you can call it any name.”

The Spanish Prime Minister Jose Zapatero has said that “Europe must believe that it can be in 20 years the most important world power… The Constitution is an important step in this direction.”

What this grandiose vision means in practice is that while British soldiers are being undermined in Iraq and Afghanistan for want of basic equipment, the EU wants us to divert billions of pounds to wasteful projects like the Galileo satellite system - because of its desire to play the role of a “superpower”. Regardless of what you think about the wars in Iraq and Afghanistan, this is bad for our armed forces.
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The Constitutional Treaty – what does it mean in practice?


(5) New EU powers over our public services

Health and education:

The Constitutional Treaty puts the EU in charge of public health, and ends the right of veto in this area. The EU would in future regulate medical standards. A new “right to preventative healthcare” could open the NHS up to a slew of costly ambulance-chasing lawsuits. The Constitution ends the veto over trade agreements in public services like health and education. So our Parliament would no longer have a say over deals which determine how these services are managed.


Public spending rules:

The UK Government has rightly criticised the EU’s public spending rules for discriminating against long term investment. But instead of fixing this problem the Constitution means that the EU’s guidelines on public spending would be more tightly enforced, as no member state will be able to vote against being censured under the Broad Economic Policy Guidelines.

Transport:

Under the Constitution, Britain gives up the veto in transport. Jacques Barrot, EU Transport Commissioner, recently said that the EU wants to run EU wide road-pricing operations. The AA have warned that this would lead to a loss of privacy.


Public service management:

Equally importantly, the Constitutional Treaty does nothing to rein in the European Court of Justice, which in recent years has produced a string of rulings which make it difficult to prioritise NHS spending, and allows those who are willing to threaten legal action to jump the queue.
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The Constitutional Treaty – what does it mean in practice?

(6) It doesn’t sort out the EU’s chronic problems: cost and waste continue

Cost:

Britain is paying £10.5 billion a year into the EU – more than we spend on the police. We have to pay in roughly twice as much as we get back, while countries that are richer than Britain take more out than they put in.


High prices:

The EU’s farm subsidies and trade barriers cost the average family of four £1,500 a year in higher prices and tax. The Constitution could make reform even more difficult by giving the European Parliament new powers over spending.


Fraud:

The new treaty does nothing to sort out the EU’s chronic problems with fraud. According to its own figures, the EU loses £1 million every working day to fraud. Its budget has not been signed off by its own auditors for twelve years in a row.


Hurting poor countries:

The EU’s protectionist trade barriers and farm subsidies cost the poorest countries in the world billions every year.

Waste:

The EU now has 63,000 civil servants working full time churning out new laws. It spends £200 million a year just ferrying euro-MPs back and forth between its two parliament buildings in Strasbourg and Brussels every month.


Help us make politicians keep their promises

Gordon Brown is determined to stop you having a vote on the EU Constitution – despite being elected on a manifesto that promised the British people a referendum. If we are going to persuade him to change his mind, we need your help. This is your last chance to have a say…

Unlike previous treaties, the Constitutional Treaty would be self-amending. This means that in future the powers of the EU could be increased further without the need for any new treaty. Further vetoes could be given up by the Government without the permission of our Parliament.


Because EU leaders could vote to incrementally give the EU more powers, the constitutional treaty would reduce the level of scrutiny of future changes. If the Constitutional Treaty goes through, this could be the last ever opportunity to call for a referendum.
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D'Estaing - French Father of Europe - Admits to Brussels Commission of Constitutional Fraud

Giscard: EU Treaty is the Constitution Rewritten

By Toby Helm, Chief Political Correspondent

UK Telegraph

Last Updated: 2:23am GMT 30/10/2007


Valéry Giscard d'Estaing, the architect of the abandoned European Constitution, has admitted that the document has been rewritten by EU leaders in a different order just to avoid the need for referendums.

The statement by the former French President - who chaired the body of more than 100 European politicians that framed the original constitution - has led to new calls for Gordon Brown to grant the British people a vote.

In an open letter to the French newspaper Le Monde, Mr D'Estaing sought to clarify his view on the differences - if any - between two treaties. "Looking at the content," he wrote "the result is that the institutional proposals of the constitutional treaty….are found complete in the Lisbon Treaty, only in a different order and inserted in former treaties.."

He made clear that the purpose of the rewritten Treaty (now called the Lisbon Treaty) was to make people think the new version did not merit being put to the people in referendums.

"Above all, it is to avoid having referendums thanks to the fact that the articles are spread out and constitutional vocabulary has been removed," he added.

Less than two weeks ago Gordon Brown gave his blessing to the EU Reform Treaty at a meeting of European heads of state and government in Lisbon.

He said there was no need for the Government to honour its 2005 election manifesto promise to hold a referendum because the redrafted version was much less far reaching than the defunct Constitutional Treaty.

Labour never had to honour its pledge to hold a referendum because before it could hold one, the Constitutional Treaty had already been rejected by voters in both France and the Netherlands.

To come into force a new European Treaty has to be ratified in each member state - either in a referendum or in a vote in the national parliament.

While Mr Brown and David Miliband, the Foreign Secretary, have stuck to the line that many of the big changes have been removed from the text, a string of other top EU politicians have confessed that it is the same as the constitution in all but name.

Mark Francois, the Tory spokesman on Europe said that Mr d'Estaing had "let the cat out of the bag."

"The man who chaired the body which drafted the original EU Constitution has now confessed that its revived version, the so-called Reform Treaty, was deliberately drafted to try and avoid the people of Europe having their say on it.

"The French people were allowed a vote in 2005 as were the Dutch, and the Irish will now get a vote on the revived version - so why can't the British people have their say too. "

More than 110,000 have signed The Daily Telegraph's "Let the People Decide" campaign for a referendum.

The latest YouGov poll for this paper showed almost twice as many people would vote "No" (38 per cent) as "Yes" (20 per cent) if a referendum were held. 43 per cent said they were undecided.Publishers wishing to reproduce photographs on this page should phone 44 (0) 207 931 2921 or email syndication@telegraph.co.uk