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Showing posts with label ECJ. Show all posts
Showing posts with label ECJ. Show all posts

Monday, 18 May 2020

The final round of EU trade talks - sham ECJ crippled.

I have long claimed here that the ECJ was named in the same way as Orwell's Ministry of Truth. It is the EU's political court, and has taken on the mantle of bending the law to facilitate ever closer union, to achieve a federal European state. It has as little to do with pursuing justice, equity, right or fair play as Orwell's fictional bureaucracy has with championing veracity. AEP's latest column for the Telegraph does a magnificent job in underlining the institution's failures -
The ECJ merely asserts primacy. The doctrine was invented out of whole cloth in the landmark Costa/ Enel case in 1964. This bootstrap jurisprudence - in essence a bluff - has been indulged and tolerated by member states. Until now.

There is no Treaty basis for EU legal supremacy. Judicial expansionists in the EU legal services unit tried to slip it into the Lisbon Treaty but all they got was a thin Declaration in the annex stating that the “settled law of the Court” has primacy over national law.

The German judges have repeatedly objected to judicial activism by the ECJ, thunderously denouncing its misuse of the Charter to extend its power. Their finger has been on the trigger. Finally they pulled it. The implicit has suddenly become explicit.
AEP, who has successfully predicted twelve of the last three recessions, is not sanguine about the effects of this bust up. We are wrong to believe it will be bodged over with the usual Eurofudge, wrong to imagine that the ECB can just carry on with its QE programme. He strongly believes that this time it's a binary choice between Germany's continued membership of the EU and the Euro.

Their mistake was to trust in a popular misunderstanding. For years we have been lectured that 'EU law is superior to national law and supercedes domestic legislation' - true. It was easy for everyone to assume or be led to believe that if EU law was superior to national law, then the EU's court must be superior to national courts - not true. 

Meanwhile, as the penultimate round of talks on an EU trade deal before the June deadline collapsed, with Boris holding firm against the EU didactic stubbornness, we are reminded that there are just six weeks remaining in which an extension can be agreed. Even though the government has made plain that no extension will be sought or accepted, this won't stop the entire forces of Remain and #FBPE idiocy from going flat out.

As the final round of pre-deadline talks start in June, expect hysteria from all the usual quarters, eager for the UK to handicap itself or shackle our laws to their sham-court, just so cruelly exposed as such by the German judges. 

Expect Blair back on the Today programme explaining why an extension is essential, and the MSM to dig-up the crazed fools who were kicked out of the party; Grieve, Soubry, Rory Stewart et al. Oh, and of course Major will rise from his sepulchre to do the same. Plus the gerontocrats from the Lords will croak their protests over inadequate phone lines and PTSD Adonis and 'Howler' Grayling will melt down. Also expect the BBC to put out a Panorama explaining how not extending will cost more lives than the Wuhan virus, and Sky to interview no-one except closet Momentum members. Hey ho. 

Wednesday, 26 February 2020

The corruption at the heart of Europe's courts

I'll post on the Trade Agreement negotiating positions when we publish the UK's position paper, but for now, a little nugget for you all. It's hugely satisfying when some independent academic evidence comes along to validate a point one has been making for many years - in this case, the inherent corruption and mal-judice embodied in both the ECR and ECHR. The European Centre for Law and Justice, normally a body that campaigns on social justice issues, has just issued a research study.
The study has found that, out of the 100 judges who have served on the bench of the European Court of Human Rights in the period 2009-2019, nearly a quarter (22) have strong links to George Soros’ Open Society Foundation or to NGOs like Amnesty International and others which are funded by it. Human Rights Watch, for instance, has received $100 million from the Open Society Foundation since 2010.

Some of the NGOs receive so much of their budget from Soros that they are in effect wholly owned subsidiaries of his foundation.

The links between the judges and the NGOs are substantial. They include working for years as members of the board of directors or executive council of these NGOs; having teaching posts at institutes funded by them; being a salaried director of programs for the Open Society Foundation or associated NGOs; and undertaking other forms of paid work for them. The full list of these links can be found on pages seven and eight of the report.
And that from a decent piece from RT.