Lisbon Treaty: End of Nations Rise of Statism

From Atlas Shrugs – Sunday, April 13, 2008

http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/04/lisbon-treaty-e.html

LISBON TREATY: END OF NATIONS RISE OF STATISM

End of Nations – EU Takeover & the Lisbon Treaty. For anyone interested in the differences between the Constitution and the Lisbon Treaty, Richard Corbet now has a consolidated version of the treaties on his website, which has been annotated by Peadar ó Broin at the Irish Institute of International and European Affairs.

Media ignores Lords report on treaty

The Lisbon Treaty proposes the following, for the first time:

The EU will be a state
You will be a real citizen of the state
EU will decide your rights
EU criminal law will overrule Irish criminal law.
EU policing will overrule Irish policing
Many other area of legislation will be handed over to the unelected eurocrats in Brussels… More here

[VIDEO EMBEDDED AT ATLAS SHURUGS]

End of Nations – EU Takeover & the Lisbon Treaty 

We set out to make a video about the pros and cons of the Lisbon Treaty and found out to our horror the lies, manipulations and deceit … all » behind the EU. From MEPs, legal experts and EU researches the true nature of the EU unfolded, how it really operates from behind closed doors and away from prying eyes. We discovered the massive power grab away from citizens and nations to the elites that is being proposed in this treaty. Most shocking of all was how our elected representatives are willingly handing us over to this emerging Totalitarian Superstate by deception , propaganda and outright lies.

This video details how the structures of the EU really operate, what the full significance of the Lisbon Treaty is and how it is the end of Nations within in the EU. MEPs describe their experience in Brussels and how they are undermined by the real power of the unelected and unaccountable Eurocrats who run the organization. How the politicians are working together for their own selfish needs while being used for a bigger agenda.

These Boots Are Gonna Walk All Over You

… Today the European Union leaders signed the Lisbon Treaty. This treaty gives the EU the constitutional form of a state. These are the ten most important things the Lisbon Treaty does:.

1. It establishes a legally new European Union in the constitutional form of a supranational European State.

The Treaty gives this new Union a State Constitution which is identical in its legal effects to the EU Constitution that French and Dutch voters rejected in their 2005 referendums.

2. It empowers this new European Union to act as a State vis-a-vis other States and its own citizens.

To understand the change introduced by the Lisbon Treaty one needs to understand that what we call the European Union today is not a State. It is not even a legal or corporate entity in its own right, for it does not have legal personality. The name “European Union” at present is a descriptive term for all the relations between its 27 Member States.

At present these relations cover both the “European Community” area where supranational European law is operative, and the “intergovernmental” areas of foreign policy and justice and home affairs where Member States cooperate with one another on the basis of keeping their sovereignty and where European laws do not apply.

The Lisbon Treaty changes this situation by creating a constitutionally and legally quite new EU, while retaining the same name, the “Union”. Unlike the present European Union, this legally new EU will be separate from and superior to its Member States, just as the USA is separate from and superior to California or New York, or Federal Germany to Bavaria or Brandenburg.

This new European Union can sign treaties with other States in all areas of its competence and conduct itself as a State in the international community of States. It can speak at the United Nations on agreed foreign policy positions of its Member States, just as in the days of the Soviet Union the USSR had a UN seat while Russia, Ukraine and Byelorussia had UN seats also.

The Lisbon Treaty also gives the EU a political President, a Foreign Minister – to be called a High Representative – a diplomatic corps and a Public Prosecutor. The new EU will accede to the European Convention on Human Rights, as all other European States have already done, including those outside the EU.

3. It makes us all citizens of this new European Union.

A State must have citizens and one can only be a citizen of a State.

Citizenship of the European Union at present is stated to “complement” national citizenship, the latter being clearly primary, not least because the present EU is not a State. It is not even a corporate entity that can have individuals as members, not to mind citizens.

By transforming the legal character of the Union, the Lisbon Treaty transforms the meaning of Union citizenship. Article.17b.1 TEC/TFU replace the word “complement” in the sentence “Citizenship of the Union shall complement national citizenship“, so that the new sentence reads: “Citizenship of the Union shall be in addition to national citizenship.” This gives the 500 million inhabitants of the present EU Member States a real separate citizenship from citizenship of their national States for the first time. It gives a treble citizenship to citizens of Bavaria and Brandenburg within a Federal State like Germany. The rights and duties attaching to this citizenship of the new Union are be superior to those attaching to citizenship of one’s own national State in any case of conflict between the two, because of the superiority of EU law over national law and constitutions.

4. To hide the enormity of the change, the same name – European Union – will be kept while the Lisbon Treaty changes fundamentally the legal and constitutional nature of the Union.

The change in the constitutional nature of both the Union and its Member States will be made in three legal steps that are set out in the Treaty:

(a) It establishes a European Union with an entire legal personality and independent corporate existence in all Union areas for the first time, so that it can function as a State vis-a-vis other States and in relation to its own citizens (Art.32, amended TEU);

(b) This new European Union replaces the existing European Community and takes over all of its powers and institutions. It takes over as well the “intergovernmental” powers over foreign policy and crime, justice and home affairs which at present are outside the scope of European law, leaving only the Common Foreign and Security Policy outside the scope of its supranational power (Art.11.1, amended TEU).

It thereby gives a unified constitutional structure to the new Union which it will constitute or establish. The European Community disappears and all spheres of public policy will come within the scope of supranational EU law-making either actually or potentially, as in any constitutionally unified State.

5. It creates a Union Parliament for the Union’s new citizens.

The Lisbon Treaty/EU Constitution makes Members of the European Parliament, who at present are “representatives of the peoples of the Member States“, into “representatives of the Union’s citizens” (Art.9a, amended TEU). This illustrates the constitutional shift the Treaty makes from the present European Union of national States and peoples to the new Federal Union of European citizens and their national states – the latter henceforth reduced constitutionally and politically to provincial or regional status.

6. It creates a Cabinet Government of the new Union.

he Treaty turns the European Council, the quarterly “summit” meetings of Member State Heads of State or Government, into an institution of the new Union, so that its acts and failures to act will, like all other Union institutions, be subject to legal review by the EU Court of Justice.

7. It creates a new Union political President.

The federalist character of the European Council “summit” meetings in the proposed new Union structure is further underlined by the provision which gives the European Council a permanent political President for up to five years (two and a half years renewable once) (Art.9b).

There is no gathering of Heads of State or Government in any other international context which maintains the same chairman or president for several years while individual national prime ministers and prime ministers come and go.

8. It creates a civil rights code for the new Union’s citizens.

All States have codes setting out the rights of their citizens. The EU Charter of Fundamental Rights will be that. It will be made legally binding by the new Treaty and will be an essential part of the new Union’s constitutional structure (Art.6, amended TEU).

The Charter is stated to be binding on the Union’s own institutions and on Member States in implementing Union law. This limitation to EU law and to the EU institutions is unrealistic however, because

(a) the principles of primacy and uniformity of Union law mean that Member States will not only be bound by the Fundamental Rights Charter when implementing EU law, but also through the “interpretation and application of their national laws in conformity with Union laws” (v. ECJ judgements in the Factortame, Simmenthal and other law cases); and because

(b) the Charter sets out fundamental rights in areas in which the Union has currently no competence, e.g. outlawing the death penalty, asserting citizens’ rights in criminal proceedings and various other areas.

9. It makes national Parliaments subordinate to the new Union.

The Treaty underlines the subordinate role of National Parliaments in the constitutional structure of the new Union by stating that “National Parliaments shall contribute actively to the good functioning of the Union” by various means set out in Article 8c, amended TEU. The imperative “shall” implies an obligation on National Parliaments to further the interests of the new Union.

National Parliaments have in any case already lost most of their law-making powers to the EC/EU. The citizens who elect them have lost their powers to decide these laws too.

10. It gives the new Union self-empowerment powers.

In conclusion:

If there were to be a European Federation that is democratic and acceptable, the minimum constitutional requirement for it would be that its laws would be initiated and approved by the directly elected representatives of the people either in the European Parliament or the National Parliaments. Unfortunately, neither the Lisbon Treaty nor the EU Constitution it establishes contain any such proposal.

By giving a Constitution indirectly rather than directly to the new European Union which it will establish, the Lisbon Treaty sets in place what Belgian Prime Minister Guy Verhofstadt has called the “capstone of a European Federal State“. For the Euro-federalist political elites who have been driving this process over decades this is the culmination of what started nearly 60 years ago when the 1950 Schuman Declaration, which is commemorated annually on 9 May, Europe Day, proclaimed the European Coal and Steel Community to be the “first step in the federation of Europe“.

The peoples of Europe do not want this kind of highly centralized Federal European Union whose most striking feature is that it is run virtually entirely by committees of politicians, bureaucrats and judges, none of whom are directly elected by the people. The Constitutional Treaty setting it up has already been rejected by the French and the Dutch in 2005. As French President Nicolas Sarkozy has admitted, the Prime Ministers and Presidents have agreed among themselves on no account to have referendums on the Renamed Constitutional Treaty, for that would be rejected everywhere again.

Only the Irish are enabled to have their say on it because of the constitutional case taken before the Supreme Court by the late Raymond Crotty. That action by that great Irishman stopped the State’s politicians of that time from ratifying a previous European Treaty, the Single European Act, in an unconstitutional manner.

 
This document has been drafted in consultation with authorities on European and constitutional law by Anthony Coughlan, Secretary of the National Platform EU Research and Information Centre, 24 Crawford Avenue, Dublin 9, Ireland; Tel.: 00-353-1-8305792; E-mail: nationalplatformeuric@eircom.net

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