Opportunism Knocks

The Czech Perspective

Why the Treaty of Lisbon is considered unconstitutional

The 17 Senators led by Mr Jiří Oberfalzer (conservative ODS) have submitted their new complaint against the Treaty of Lisbon to the Czech Constitutional Court in Brno. The chairman of the Constitutional Court immediately informed President Klaus that he is not allowed to sign the treaty until the court releases the verdict (which may be as early as in 4-6 weeks).

On those 44 pages, they explain that they consider the document unconstitutional because of many reasons. Most of the reasons should be understandable in all the EU countries; a few of them may be specific to the Czech legal system.

First, there is a problem with the format. The Treaty of Lisbon is recycling the legal material from the previous treaties. It is therefore extremely incomprehensible and it doesn't provide an easy survey. Moreover, although it substantially changes 90 percent of the rules listed in the previous treaty and, consequently, the arrangement of the EU, it is formally an amendment. According to the Senators, such a format is incompatible with the rule of law. It's because the Constitutional Court has previously banned the so-called "glued amendments" ("přílepky"). The Lisbon format is even worse than a glued addition, they argue.

Second, the Treaty of Lisbon is not politically neutral because among the goals of the EU, it enumerates many policies that belong to the political programs of some political parties rather than the basic laws of the EU. This fact makes it incompatible with the democratic rule of law because the treaty restricts the questions whose fate should be decided by the elections.

Third, the Senators object that it is expected that the treaty may be modified a posteriori, which is confirmed even by the currently available text. It follows that the leaders were not signing a treaty but a mere half-finished product that is being modified as time goes by. This aspect contradicts the rule of law, too.

Fourth, the paragraph of the treaty claiming that the EU is based on parliamentary democracy is unconstitutional, too. According to the Senators, the EU must be based on equal rights of the member states instead. The European Parliament is just an addition to the existing system of institutions in the EU countries. If it were the fundamental pillar, the EU would be a country.

Fifth, the Treaty of Lisbon is discriminatory because it declares that the members of the commission should be chosen according to their "Europeism". This regulation is discriminatory because it prevents the people who don't fall for the cult of conformity to run for these offices.

Sixth, the treaty restricts the co-operation between certain members of the Union (that goes beyond the co-operation within the EU) by the required agreement of the EU which is a typical feature of a federation.

Seventh, the common defense required by the treaty contradicts the sovereignty of the member states. The Czech Republic is not constitutionally allowed to transfer vital competences that are needed for the existence and preservation of the country to other subjects. The defense is the best example. Moreover, the common defense would be incompatible with the existence of NATO. Additional competences that have to remain in Czechia are listed at the bottom.

Eighth, the treaty limits the possibility to leave the Union. It's not true that it's the treaty that introduces such a possibility because the possibility already exists today, Senators argue. On the contrary, the new treaty says that quitting requires the agreement within the EU and a two-year probation period. In practice, it means that the EU is allowed to demand conditions that can't be fulfilled.

Nineth, the Senators are concerned with the issue of immigration. They see a disagreement between the Czech constitution and a regulation in the treaty saying that "when one or several member states get into an emergency situation because of a sudden inflow of citizens from a third country, the Council has the right to adopt special temporary policies that help the affected countries, following a proposal by the Commission".

The Treaty of Lisbon also says that the "Union is pursuing a shared immigration policy whose goal is to effectively direct immigration flows at all stages". The right to decide about the composition of the population belongs among the basic rights of every country. The Czech Republic therefore doesn't have the right to transfer the rights to control the migration flows through or to its territory to another subject.

Tenth, the Senators question the guarantees for Ireland. They were adopted in the contradiction with our constitution, and are therefore invalid. Much like the Treaty of Lisbon itself, they should have been ratified as a constitutional law, with the required extended majorities, because it is a genuine amendment of the Treaty of Lisbon i.e. another international treaty. Without such a special ratification, the guarantees are just a non-binding pledge.

For the second time, the Senators also complain about the suspension of member's rights for the EU countries. In the first complaint, this principle was argued to contradict the sovereignty principle. In this second complaint, the Senators also object to the conditions leading to the suspension which are vaguely defined which means that this rule may be abused.

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According to the Senators, especially the following competences, among others, cannot be transfered:

Decisions about the revenue and spending
Decisions about the defence of the Czech Republic
Decisions what a crime and guilt is and what the punishment should be
Decisions about the ways to enforce the law, order, and safety in the Czech Republic
Decisions about events with an extraordinary impact on the social and cultural life of the Czech society

Hat tip Luboš Motl

Still not Mate on Lisbon

It is been reported tonight that EU leaders have given the Czech president a UK-style opt-out that he demanded in return for signing the Lisbon Treaty.

However, it should be noted that Gordon Brown dose not have full powers to agree to the Czech Republic opt-out, as he is only our Prime Minister and not the STATE.

As the UK Parliament ratified the Treaty with the Czech Republic opted-in, then the change has to be agreed to by our Parliament first.

United Nations Convention on the Law of Treaties.....Article 17 - Consent to be bound by part of a treaty and choice of differing provisions

1. Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is effective only if the treaty so permits or the other contracting States so agree.

2. The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates.

The Evolution of the Parasite

A parasitic relationship is one in which one organism, the parasite, lives off of another organism, the host, harming it and possibly causing death. The parasite lives on or in the body of the host.

No Mate

Today the European Union Commission president José Manuel Barroso made an impassioned plea to Czech president Václav Klaus to sign the Lisbon treaty, as the commission's mandate is due to end on Sunday 31 October.

However, The Czech Republic's Constitutional Court has adjourned until November 3 and will not rule on the challenge to the European Union's Lisbon Treaty before the next EU summit which starts this Thursday.


In the mean time David Cameron continues to make a Cnut of himself.

President Blair & PM Cameron

The European Union can only exercise competence's that the Member States have conferred on it in the Treaties. The EU, therefore, is only competent to act within the scope of the powers allocated to it by its Member States.

In policy areas that are within the scope of the Union's exclusive competence, Member States may not implement any measures that might jeopardise the efficient attainment of Union-level objectives in those areas. These include common Trade, Agriculture, Fish , Justice and Home Affairs, Employment, Social Policy, Health and Consumer Affairs, Competitiveness, Transport, Telecommunications and Energy, Environment and Education, Youth and Culture.

Bunkercast

In his latest youtube broadcast from the bunker, the prime minister accepted times were tough but said the battle to stop "a second Great Depression" was being won.

He tells us...the economy will return to growth by the turn of the year.

Anoneumouseism

Anononeumouseism stresses the teaching of the "look after no other but one self" (Libertarian). There is a famous saying......, 'where can dust be collected if there is nothing to start out with'.

I shed skin, therefor I am.... or was at one time or another.

Dust is a general name for minute solid particles with diameters less than 20 thou (If you are from the EU, work it out for yourself). Particles in the atmosphere ,dust in homes, offices, and other human environments consist primarily of human skin cells.

So, what is Cosmic dust?

Oh, how board one gets when baby sitting the grand kids

Just £2 a Month

The Times is reporting that Climate Change deniers have cancelled their regular donations to the RSPCA as part of a campaign against the use of an “inhumane” device used to put down unwanted dogs.

The backlash began after the society, which relies on many donations of £2 a month each year, ordered the destruction of ten dogs whose owner had recently died.



Now folks don't forget, researchers have found that the carbon-pawprint of a pet dog is twice that of a 4.6-litre Range Rover which dri­ves 8,000 miles a year.

On the Rocks

Gordon Brown's hopes of fighting the general election on the back of a clear economic recovery suffered a severe blow yesterday, his strategy has been branded a failure after shock figures showed the country is now in the grip of the longest recession since records began.



Meanwhile, Alistair Darling said he had maintained the downturn was going to be severe. Darling made clear his irritation with Brown when he said that he has been warning people to be cautious. "We are not out of the woods yet, I have always said, when people were talking about this quarter, we had to be cautious. There is a lot of uncertainty in this country, there is a lot of uncertainty in other countries as well."

Inherited Crisis

The UK is now in the grip of the longest recession since records began, according to official figures.

Hopes for an end to the recession were scuppered as the economy shrank by a shock 0.4% between July and September - a record sixth quarter in a row of decline.



The lingering decline comes despite interest rates at a record low of 0.5% since March, additional Government spending and an unprecedented £175 billion boost to the money supply through quantitative easing.

The UK's spiraling debt will lead to tax rises, spending cuts and delayed retirement far beyond what is being discussed.

Footprints in the butter

The postal strike is on and union leaders and Labour party backbenchers accuse the business secretary, (The European Union Mole) Lord Mandelson, of stirring the dispute.

Equality for Miss Piggy

David Cameron is to reverse the Tory party's longstanding opposition to all-women shortlist's in an attempt to archive equality !!!



This morning, in giving evidence at the Speaker's conference which was set up to explore methods for increasing representation in the Houses of Parliament the Tory leader said he was concerned to keep the number of women being selected by the Conservatives up and so might give constituency parties only female candidates to chose from, something the party has resisted and campaigned against for the last four years.

How Labour Screw You

LORD MANDELSON has sparked a Whitehall revolt after demanding a taxpayer-funded marketing campaign to “spin” the economic recovery using Labour slogans.

A leaked letter reveals how the business secretary has drawn up a strategy for using government advertising to build “wider public confidence” in Labour’s handling of the recession.



The memo orders publicly funded marketing campaigns to carry the message Building Britain’s Future, a line that is also expected to be a key slogan in the party’s general election campaign. (Times)

NO REFERENDUM.....NO VOTE!

"The train carrying the treaty is going so fast and it's so far that it can't be stopped or returned, no matter how much some of us would want that. I cannot and will not wait for British elections, unless they hold them in the next few days or weeks." So says the Czech Republic President Vaclav Klaus the only leader who dared stand up to Europe.



David Cameron has maintained “I want us to have a referendum”, . “As long as that treaty is being discussed and debated anywhere in Europe, we will keep fighting for that referendum.”

Well, those discussions and debates have come to an end

If you truly see David Cameron as the saviour of British sovereignty, it is time for you to come off the fence and tell him
NO REFERENDUM.....NO VOTE!

GAME SHOOTING SEASON

England, Scotland and Wales

Duck & Goose (inland): Sept 1 - Jan 31
Duck & Goose (below high water mark): Sept 1 - Feb 20

N.B. The Thames is tidal, from just below Teddington Lock to the sea.



This is clearly not Wordsworth’s best effort, but it captures one of the moods of the river. Entitled: Composed upon Westminster Bridge

Earth has not anything to show more fair:
Dull would he be of soul who could pass by
A sight so touching in its majesty:
This City now doth like a garment wear
The beauty of the morning; silent, bare,
Ships, towers, domes, theatres, and temples lie
Open unto the fields, and to the sky;
All bright and glittering in the smokeless air.
Never did sun more beautifully steep
In his first splendour valley, rock, or hill;
Ne’er saw I, never felt, a calm so deep!
The river glideth at his own sweet will:
Dear God! the very houses seem asleep:
And all that mighty heart is lying still!

BANG BANG!.....My Constituents Shot Me Down

Oh come on...it's Friday night and I have been away all week.

squeels of anger

Brown and Cameron threaten MPs as squeels of anger mounts over expenses



Gordon Brown and David Cameron were today trying to contain a revolt by MPs furious that they are being required to pay back expenses they extorted from the Tax payer.

Gordon Brown MP for Kirkcaldy & Cowdenbeath

Gordon Brown has to pay back £12,415.10p in parliamentary expenses after being sent a letter by Sir Thomas Legg, who is auditing MPs' claims.

Duck House on Thames

A l'Orange

THE EXPENSES scandal is set to engulf the Duck House of Commons again on Monday when MPs will be sent an auditor's letter about the claims they made over the past five years.

Up to 100 MPs will be asked to repay expenses or to prove the claims were legitimate.



Around a dozen are thought to be facing demands to hand back significant sums in some cases "tens of thousands of pounds -- while scores of others will be asked to prove that their claims were legitimate". (Times)

Crispy Duck

But beware, by the time that the Sir Thomas Legg report is published in full in December, Sir Christopher Kelly is expected to have produced his proposals for cleaning up the duck pond.

White wash at the Duck House

"the view from the summit"

At the Conservative party conference today, David Cameron the party leader said the view from the summit would be worth the steep climb.



However, ignoring the European Union Elephant in the room he gave no clear idea how we would get there.

Well Mr Cameron

NO REFERENDUM ... NO VOTE.

General Sir Richard Dannatt

The imminent appointment of General Sir Richard Dannatt as a Conservative adviser is met with a broad range of responses by the newspapers.

The most gushing is the Sun, which calls the former head of the Army a figure of "immense authority" .

But the Daily Mail is "very queasy" as generals are meant to be neutral.



The Independent says the move will anger Gordon Brown.

working behind the scenes

Linger Longer

This week David Cameron has to "seal the deal" with the voters if he is to ensure the Conservatives will be the next party of government.



But today on the Andrew Marr show he refused to commit himself to retrospective referendum after the Irish 'YES' vote to the Lisbon treaty yesterday.

Well Mr Cameron, come the general election

NO REFERENDUM ... NO VOTE.

The Fat Lady Sings

The Irish Prime Minister, Brian Cowen has formally declared victory.



Barroso the European Union Commission President said "Now that all Member States have democratically approved the Lisbon Treaty," , "I hope that the necessary procedures for its entry into force can be completed as quickly as possible in Poland and the Czech Republic. Today was indeed a great day for the European Union."

A Nobel Prize for Junk Science

In a letter to the Nobel Foundation, 10 prominent scientists, including Sir David King, former science adviser to Tony Blair, and E O Wilson, a Harvard evolutionary biologist, claim the prizes need to adapt to remain relevant to the modern day junk science of climate change.

The nobend prize