Thursday, 28 January 2010

Common Law vs. Roman Law - the former utterly loose, thanks to the EU

  1. The Lisbon Treaty provides for the appointment of a European Public Prosecutor ["EPP"]. Don't confuse it with the European Peoples Party that the Conservative MEP's finally left four years after Cameron said it would take place immediately! Mr Bob Spink, the Member of Parliament [Independent; formerly UKIP and, before that, Conservative] for Castle Point, tabled Early Day Motion ["EDM"] 637 on the 18th January 2009 about the EPP. A copy of that EDM is attached; it is self-explanatory.
  2. Confirmation that the European Commission is now going ahead with the appointment of the EPP was provided in the European Parliament on the 12th January 2010 during the Committee hearing of the candidate Commissioner for the Taxation and Customs Union, Audit and Anti-Fraud portfolio, Mr Algirdas Semata [Lithuania], in response to a question by Ms Marta Andreasen MEP [UKIP]. See the video of this on; Commissioner Questions 3.
  3. From the point of view of the European Union in further expanding its powers, the appointment of the EPP is one of the essential steps in the general adoption of Corpus Juris throughout the Union. Corpus Juris was first formally debated as long ago as 1997 and it has been "waiting in the wings" ever since. Now that the Lisbon Treaty has been ratified, Corpus Juris will go ahead. Generally, as far as continental countries in the European Union are concerned, the adoption of Corpus Juris would be consonant with their present criminal legal arrangements but for the United Kingdom [and for Ireland and Malta] it would entail a complete bouleversement of our criminal law entailing, inter alia, theabandonment of habeas corpus, of the presumption of innocence and of trial by jury - safeguards of individual freedoms that have been customary for us for centuries but are not followed in any continental country.
  4. EDM 637 is unlikely to be debated in the House; its objective on this vital legal matter is to alert the Government about the extent and depth of the opinion in the House that, hopefully, will finally be determined by the number of signatures that it attracts from supportive Members; it already has cross-party support. Parliament itself - because of the provisions of the European Treaties - is powerless to prevent the appointment of the EPP, but those provisions do provide our Government with the power either to veto the appointment or to opt-out of the Treaty provisions relating to criminal justice thereby preserving the present basis of the jurisdiction for criminal law in the United Kingdom. It would be expected, in conformity with their Oaths of Allegiance, if for no other reason, that every Member in the House would sign EDM 637. If there were overwhelming support for EDM 637, the Government would be under great pressure to use either its veto or its opt-out
  5. However, it must be borne in mind that, in practice, the present Government and previous governments have shown little inclination to safeguard Britain's legal systems from encroachment by the European Union. For example, the European Treaties provided that in many respects the European Court of Justice - clearly politically motivated in so many of its judgments - should be our final Court of Appeal. Another pertinent example indicating the present Government's approach to the adoption of European legal arrangements relates to the maintenance of "law and order". On the 18th October 2007, five countries in the European Union [Spain, France, Italy, The Netherlands, and Portugal] established a European Gendarmerie Force ["EGF"] by means of the Velsen Treaty pursuant to a Declaration of Intent dated the 17th September 2004 - see the EGF official website The EGF is an armed paramilitary anti-riot force under central control and is primarily intended to support the police and civilian authorities in the individual countries in the European Union [and, in practice, elsewhere in the world] in which the EGF can be stationed and deployed with the agreement of the country concerned. However, when asked in the House last year for an assurance that the EGF would never be allowed to set foot in Britain, the Government refused to give it.
  6. That is a summary of the present position on the appointment of the EPP. What can we do? The answer is that, as a matter of urgency, as many people as possible in each Constituency should get in touch with its Member of Parliament [personally, or by email or post] and ask him/her to confirm that he/she will sign EDM 637 immediately - and, if not, why not. Also, as many letters as possible should be addressed to local newspapers and the matter of the EPP should be brought to the attention of local broadcasters and television stations. By all means, letters should be sent to national papers and broadcasters but, in the past, it has proved to be difficult to interest them in complicated European Union matters - however vital to Britain's interests - and that applies particularly to the BBC.
Good spot Fausty.


TheBoilingFrog said...

I've just linked to this on my blog, and written to my MP. I don't hold out much hope though that he will sign it.

Anonymous said...

Thanks for linking, Spitfire and thanks for reproducing it. This needs to get out.

Unknown said...

the abandonment of habeas corpus, of the presumption of innocence and of trial by jury - safeguards of individual freedoms that have been customary for us for centuries but are not followed in any continental country.

Really ? You should better check your assertions.

13th Spitfire said...

Tristan Mordrelle, as much as I love people commenting on my blog it does irritate me when they do not make a comment which is not in the least useful to anyone.

Please enlighten, us then, if I have not checked my facts. I would love to know and I am sure you would not mind telling me either.