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The European Union - What happened on 1st November 2014?

Most vetos were phased out with Lisbon: "3. The Council shall act by a qualified majority except where the Treaties provide otherwise." Treaty on European Union 16 (3)

 The full treaties of the European Union are brought together in the document: Consolidated Texts of the EU Treaties as Amended by Lisbon.

The Lisbon Treaty 2009 was created in response to the rejection of the EU Constitution in 2005 by referendums in France and The Netherlands. It introduced almost the same content as the Constitution but the major changes require unanimous approval by the EU Council when it is ready.  It is the final EU Treaty, allowing the Constitution to be introduced without further referendums.

The most important change after Lisbon is that from 1st November 2014 majority voting comes into force (See Note 2). We have already seen majority voting in action with the election of Jean-Claude Juncker as President of the EU Commission.  Majority voting has other serious effects: without a veto the UK is no longer sovereign and we become locked in to the EU. 80% of EU legislation is now by Qualified Majority Voting.  In particular the UK no longer has an independent defence and foreign policy and has been using this change as a "Lisbon Dividend" to reduce defence spending.  Most readers are curious about how this has happened and, perhaps, why it has been kept quiet.

How will the changes in the EU that come into force on 1st November 2014 affect you?


The Treaty of the Functioning of the EU confers ultimate power on the EU

The Treaties define some areas of government as under the exclusive control of the EU and others as under EU control but optionally delegated to States. Areas of government that the EU directly controls are known as "competences", areas of government that the EU has delegated to member states but can control whenever it likes are called "shared competences".

The following areas are under the exclusive control of the EU:

customs union, the establishing of the competition rules necessary for the functioning of the internal market, monetary policy for the Member States whose currency is the euro, the conservation of marine biological resources under the common fisheries policy, common commercial policy.

The Treaty defines the following areas as controlled by the EU but with authority delegated to member states if the EU so desires (see Note 1).  This includes almost every aspect of government:

a) internal market;
(b) social policy, for the aspects defined in this Treaty;
(c) economic, social and territorial cohesion;
(d) agriculture and fisheries, excluding the conservation of marine biological
resources;
(e) environment;
(f) consumer protection;
(g) transport;
(h) trans-European networks;
(i) energy;
(j) area of freedom, security and justice;
(k) common safety concerns in public health matters, for the aspects defined in this Treaty.

(Quoted from Treaty of the Functioning of the European Union, TITLE 1: Categories and Areas of Union Competence.  Article 4.  But see Note 1 below for the meaning of the term "shared competence").

Notice that these are EU powers that have been delegated.  It is this ability to take over vast areas of government by ceasing to delegate that will be the "Ever closer union".  It will occur in full force after a UK Referendum vote to Remain.

The Union may take initiatives to ensure coordination of Member States’ social
policies.

The Union shall have competence to carry out actions to support, coordinate or
supplement the actions of the Member States. The areas of such action shall, at
European level, be:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.

Check the Treaty if you do not believe this, the Treaty assigns ultimate control of almost all aspects of government to the EU. The Lisbon Treaty is a treaty for full political Union, the only way to opt out of this is to withdraw from the Lisbon Treaty but this is equivalent to withdrawing from the EU.

A summary of the areas over which the EU has sovereignty:

Economic and employment policies
Foreign and defence policies
Employment and Social Policies
Economic, Social and Territorial Cohesion;
Agriculture
Environment; Transport; Energy
Freedom, Security and Justice; Common Public Health
Customs regulations, external trade negotiations, fisheries, much of consumer protection and sales legislation
External borders and international migration (UK has some opt outs)

This really is the termination of the UK as an independent country.
 

Britain can be disciplined if it acts alone

If the EU decides that Britain is violating Article 2 of the Treaties by not:

   Implementing EU Law appropriately
   Respecting human rights as defined by the EU such as respecting the  right to free movement within the EU

then according to Article 7 the Council, acting by a qualified majority, may decide to suspend certain of the rights including the voting rights of the British representative in the Council.

However, although Britain would have penalties imposed on it there would be no escape: "The obligations of the Member State in question under this Treaty shall in any case continue to be binding on that State."

In other words errant member states will be disciplined and will be forced to remain in the EU to accept their punishment.

Groups of countries are authorised to form unions:

According to Article 20 "Enhanced cooperation [between groups of states] shall aim to further the objectives of the Union, protect its interests and reinforce its integration process."  Article 20 is crucial because it allows the whole Eurozone to form a political union without any Treaty change.

Most of the major countries have "DETERMINED to lay the foundations of an ever closer union among the peoples of Europe" and are working towards political union.  Yes, have signed a treaty to work towards political union, to form a megastate.

Free movement of labour:

All EU citizens shall have the the right to move and reside freely within the territory of the Member States;

1. Freedom of movement for workers shall be secured within the Union.
2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

Workers are empowered:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.



The Treaties are designed to lead to a common foreign and defence policy:

According to Article 24 the Union’s competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union’s security, including the progressive framing of a common defence policy that might lead to a common defence.

According to Article 34 the UK will no longer be an independent member of the UN Security Council but will be a representative of the EU on the Security Council.

In Article 42 it states "Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council."

If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter.

The European Court of Justice becomes the highest court in all EU Countries for 50-70% of all regulation.

As Union progresses it will embrace almost all laws.


Withdrawal from the EU

As of the 1st November 2014  States must give notice to leave.  It states in Article 50 that withdrawal from the EU "shall be concluded by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament."   A State will be able to leave unilaterally 2 years after giving notice but this is unlikely to continue (see the section above on disciplining errant States).  Britain would, if wise, complete most of the negotiations for any Brexit then give notice to leave.

The three main political parties in the UK have promised a referendum on any treaty that transfers more power to the EU.  But all powers have already been transferred!


Qualified Majority Voting

In all ordinary matters the EU Council now uses Qualified Majority Voting:

"3. The Council shall act by a qualified majority except where the Treaties provide otherwise." Treaty on European Union 16 (3)

The Eurozone, which has already achieved financial union and is heading towards full political union in 2025, consists of 19 countries with over 65% of the EU population (seven further countries are waiting to join).


The media have been reporting that David Cameron has achieved a breakthrough in his "negotiations" but what they are reporting is simply the agreed voting system in the EU.

"As from 1 November 2014, a qualified majority shall be defined as at least 55% of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65% of the population of the Union.A blocking minority must include at least four Council members, failing which the qualified majority shall be deemed attained. "
Treaty on European Union 16 (4)

The UK commands 8.5% of the vote and so has no power or influence at all.


In the Council of Ministers the votes are divided thus:

Belgium 12
Bulgaria 10
Czech Republic 12
Denmark 7
Germany 29
Estonia 4
Ireland 7
Greece 12
Spain 27
France 29
Italy 29
Cyprus 4
Latvia 4
Lithuania 7
Luxembourg 4
Hungary 12
Malta 3
Netherlands 13
Austria 10
Poland 27
Portugal 12
Romania 14
Slovenia 4
Slovakia 7
Finland 7
Sweden 10
United Kingdom 29 

Acts shall be adopted if there are at least 255 votes in favour, representing 66% of the votes available.



The Birth of Empire

Make no mistake, although the pre-amble of these treaties is dressed up in fine words the reality is that you will be a tiny voice in a megastate.  The fine words are absurd because the EU is dedicated to removing the differences (the "barriers") between states and turning the whole of Europe into a new Franco-German entity with a uniform culture.  This is a racist, imperialist enterprise that will destroy all diversity as it expands.  Furthermore the EU is dedicated in its constitution to expansion and represents a major threat to Islam and Russia and even the USA.

Don't just sleep walk into disaster.  We must stop these Euro-Racists now.

TinyURL for this article: http://tinyurl.com/kdye2gg

See Membership of EU - pros and cons

POLITICAL THOUGHTS click here to see the whole POLITICAL THOUGHTS magazine!


Note 1:  The Treaties are sly and subversive documents.  Articles in one part can entirely change the meaning of articles in another part.  One of the most important examples of this interplay of articles is the interplay of treaty sections with the part of the Treaties entitled "TITLE 1  Categories and Areas of Union Competence.  Article 1, paragraph 2  ":

"2. When the Treaties confer on the Union a competence shared with the
Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall exercise their competence again to the extent that the Union has decided to cease exercising its competence."

In other words, the European Union is sovereign in areas of "shared competence" and delegates power to the States. In Euro-speak "Shared competence" means "delegated power".

Note 2:


All the important players in Europe are moving towards full political union.

Angela Merkel, the German Chancellor said:

"we need a political union first and foremost" (BBC News).

Francois Hollande, the French president said:

"Political union is the step that follows fiscal union, banking union, and social union. It will provide a democratic framework for successful integration." (Le Monde)

President Sergio Mattarella of Italy's inaugural speech Feb 2015:

"The EU is now once again a perspective of hope and true political union to be relaunched without delay."

Mariano Rajoy Brey, Spanish prime minister:

"We need to fix these objectives - fiscal union, banking union, political union...And we must set a time scale. We are giving a message that we really want greater European integration. We can't say something is this first, then something else, without saying where we're going," Rajoy said at a news conference with Italian Prime Minister Mario Monti. (Reuters report).

What the European Commission says:

José Manuel Durão Barroso, President of the European Commission  said:

"This is why the Economic and Monetary Union raises the question of a political union and the European democracy that must underpin it."...

.."A deep and genuine economic and monetary union, a political union, with a coherent foreign and defence policy, means ultimately that the present European Union must evolve." (State of the Union 2012 Address to the European Parliament on 12 September 2012).

The EU's Blueprint for a deep and genuine economic and monetary union (and political union) states that:

"This Blueprint for a Deep and Genuine EMU describes the necessary
elements and the steps towards a full banking, economic, fiscal and political union."
 
What the European Central Bank says:

1999 paper by the European Central Bank: Europe: Common Money - Political Union?   In this paper it says that:

"The monetary order established by the Maastricht Treaty with the detailed statute of the European System of Central Banks by itself represents an important building block for the development of a European statehood."

The importance of the connection between monetary union and the establishment of a single state was well understood at the new European Central Bank in 1999:

"So what does the future hold? Anyone who believes in the role of a single currency as a pace-setter in achieving political unity (Europe will be created by means of a single currency or not at all (Jacques Rueff 1950)) will regard the decisive step as has having already been taken. This does not provide an answer as to how the "rest" of the journey should be approached. "

How does the European Central Bank see the current Euro crisis evolving? Here is an extract from an ECB approved presentation on the subject, Short Term Crisis Management and Long Term Vision, describing the 4 steps to a solution:

  1. The first is a financial union, with a single framework for supervising and resolving banks and for insuring customer deposits. This would build on the single supervisory mechanism now under development and ideally lead to a European version of the FDIC, financed by contributions from the private sector.
  2. The second building block is a fiscal union, with powers at the euro area level to prevent unsustainable fiscal policies and to limit national debt issuance. With these powers in place, a path towards common debt issuance would also be possible, but only at the end of the process.
  3. The third building block is an economic union, which would help euro area members to remain fit and to adjust flexibly within monetary union. This could entail, for example, moving from soft coordination of structural reforms in Member States to an enforceable framework at the euro area level.
  4. And the fourth building block is a political union, which aims at strengthening democratic participation. This final building block is equally important, as the other measures cannot be effective unless they are legitimate. This requires innovative thinking as regards the involvement of the European Parliament and national parliaments in decision-making on euro area issues.

First published 26/06/14

Comments

Anonymous said…
This was known when the UK signed up in 1976. There is absolutely no stopping this. It comes into full effect on Nov 14th 2014. That's it, protest as much as you like, it's a done thing and happening very soon.
Julie Steadman said…
So if we vote to leave the EU, can we still legally do so or is it too late now that we have signed the Lisbon treaty !!
John said…
It is not too late but we will have to give 2 years notice. Brexit would involve negotiating the terms of leaving, including Free Trade Agreements etc, and then, as the negotiations near completion, giving 2 years notice. The entire process is likely to take 5 years but worth doing if we want self government. If the Eurozone continues to unify at its current rate the EU will be a full political union by 2025 with the member states relegated to regions.

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