The European Ombudsman has strongly condemned the European Council for unscrupulously rigging the Irish referendum and parliamentary votes around the EU on the Fiscal Compact that controls the European economy. By withholding crucial documents, the European Council has deceived both the public and parliaments in Member States who passed the Pact as law. The Fiscal Compact is in reality an undemocratic Con-Trick. It violates basic principles of national and European democracy and law.
- How can parliaments judge whether the Pact is fair, if the European Council hides the facts?
- How can a referendum decide, if the European Council rigs the evidence?
- How can the public interrogate their parliamentary representatives if the flawed legal basis for taxation and expenditure is locked away in the Council’s safe?
- Can European institutions such as the Community’s civil service be exploited as a skivvy for the politicians’ own non-Community Pact?
- The euro violates rules for a Community monetary system. Dishonest book-keeping and fraud reduced the Euro’s real value by 75 percent. Politicians refused to follow the Founding Fathers’ supranational economic and monetary principles.
The Pact makes Council the supervisor of fraud! After the Ombudsman condemned the European Council’s maladministration, the same document was requested AGAIN. The European Council again defied the Ombudsman. It refused to provide the document. A further appeal was made to the Ombudsman, Emily O’Reilly, that the European Council should respect her judgements and basic democratic principles. The Ombudsman metaphorically threw up her hands. She confessed that the Ombudsman could do nothing to make the European Council follow the rules except the European Court of Justice.
She replied to me on 26 August 2014 that
‘I believe that a new inquiry into the Council’s recent refusal of disclosure would be repetitive, since there is no new element that would distinguish the new case of the one which I already inquired into. Moreover, the follow-up mentioned above (where the European Council again reiterated its own position) shows that the Council has no intention to change its position in this regard. It follows that a new inquiry into the same matters would, in all likelihood, lead to a new critical remark, which would neither be helpful to you, nor would trigger any positive follow-up from the Council.’
What is this crucial document? The European Council produced an analysis on the Pact’s flaws in terms of EU law. For European citizens it covered whether within the Pact they could take the Council and Commission to Court for abuse and criminality associated with it. That is a fundamental democratic right of all citizens. This key analysis is vital for understanding the basis on which the European Council is attempting to control the lives of 500 million citizens and multiple trillions of euros.
The document analyzing the insecure legal basis of the Fiscal Pact was circulated secretively to some EU delegations. It was never rendered public, in spite of national parliamentary debates and a referendum. Yet it is crucial for Europeans to protect the nascent European democracy that has been so abused by the European Council fraud in the past.
In this Pact the European Council gave itself unprecedented powers over national budgets and imposed controls and reviews on government spending. The measures were forced through national Parliaments. Some national leaders refused to sign up to the Fiscal Pact. Thus the Pact cannot be regarded as EU or Community law. At best it is an international agreement masquerading as European law. Obfuscation.
The Fiscal Pact measures are so radical and further distort the Community method for European democracy that referendums in all Member States should have been mandatory. Only one country, however, was able to force a referendum about this measure. That was Ireland. Its constitution requires such matters with major democratic consequences be subject to a vote. Other Member States railroaded the measure through their parliamentary system. A bare majority sufficed. There was minimal or no public debate about it. In Cyprus, which was hit by a euro banking disaster that shook the rickety foundations of the euro, it was passed simply by governmental Decree thus bypassing parliament.
The European Council’s imposition of the Fiscal Compact bypassed all the usual democratic control of the European system such as the European Parliament, the Economic and Social Committee and proper public debate, The European Council has consistently blocked the legally required elections for these bodies. In this case they just ignored them.
Are the Pact’s measures legal? Have Europeans lost their democratic rights? The Court has yet to pronounce.
Robert Schuman, the initiator of the European Community, defined democracy by the goals the European peoples define for themselves, not politicians. He said that all measures must be ‘in the service of Europeans and acting in agreement with the European peoples.‘ In this Pact, the people were left out of the loop in one of the most important measures in recent European history.
A key issue of this Pact is whether Europeans will be able to take legal action against politicians’ abuse or criminality spawned by these ‘closed door’ measures. Were the people consulted? No. Did they call for it? No. Did they agree? Hardly.
The European Council is acting to prevent democratic control of its new powers. Specifically it has thumbed its nose at the Ombudsman in refusing to release documents of primary interest. It did the same to the citizen who pay their salaries and the cost of the legal document in question.
Who are these people who are refusing democratic control over taxpayers money?
The Fiscal Compact was brought in because of corruption of politicians who not only overspent their countries’ budget, but used national budgets in voter bribes to sections of the public while giving ‘tax breaks’ to party supporters. Then they cooked the books. The national statistics were bent, twisted and contorted to cover the fraudulent activity.
If this had happened in a commercial company the perpetrators would now be in prison.
But they are politicians. Now they have a Pact that puts them in the judge’s seat.
David Heilbron Price
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