Showing posts with label Economist. Show all posts
Showing posts with label Economist. Show all posts

20 March, 2014

Ukraine2: Stupid Europeans! Ukraine and Syria are part of Global Blackmail against you!


Ukraine and Syria are part of the global battle in which Europe is the target, victim and the source of blackmail revenue. Europeans have been behaving stupidly since the 1950s, when the Founding Fathers of the European Communities warned them of the dangers. They ignored the warnings.

What would you call it if you were getting oil at a dollar-and-a-half a barrel and the supplier was making such a profit from it they were living the life of Reilly? You might call it free trade. Both parties are happy.

What do you call it when the supplier raises the price FOUR times and also says that you have to change your foreign policy if you are to get anything at all?

That is blackmail. Stupid Europeans have been grinding their teeth and paying through the nose ever since the 1973 Oil Weapon was deployed.

It only works if the buyer --the Europeans -- think that they are incapable of producing energy themselves and must rely on suppliers who turn out to be a cartel or multiple cartels. With all their science and technology can't Europeans produce energy and electricity and maintain their independence from financial and political exploitation? Who is persuading them to stay on the oil drug? Maybe we should look where oil drug profits are going.

Yesterday it was the Middle East -- where Europe got entangled in Arab wars and hatreds. Today Europe is not free from that bowl of spiders. It has also got involved with the Russian energy cartel which works on the same principles of extortion. Now they are competing with each other. The Joker in the power game is shi'ite Iran which could try to block the Mid-East transport routes for oil and gas out of the Gulf. It can also play nuclear blackmail among the neighbouring States. Iran has been fighting in Syria. Qatar, a mere pimple on the east of Saudi Arabia, has the largest Liquid Natural Gas (LNG) operation and one of the biggest gas fields in the world. How will it get its gas delivered if the Strait of Hormuz is blocked? Saudi Arabia and other Gulf States have broken off diplomatic relations with Qatar over its 7.5 billion dollar support for the Muslim Brotherhood in Egypt and refuse to allow it a pipeline across to the Mediterranean.

What plans do the Saudis have if the Gulf is blocked? What if there is again trouble in Egypt and Suez? The Saudis too would like a pipeline to the Mediterranean. But what happens as these players approach the Mediterranean's eastern coast? They are met first with Jordan, run by the Hashemite family expelled from Mecca, an unstable State carved out of the Jewish Homeland Mandate territory, composed of former PLO refugees and now Syrians. Then the pipeline must find a port -- either (horrors!)  in Syria which was run by the pseudo shi'ite Alawite clan as a secular dictatorship or -- horror of horrors! --  Israel.
For all the players the competition is about who can leach the most blood from the Europeans before the whole world goes down the tubes.

Europe turned to Russian gas and oil as an alternative when it was still the Soviet Union. Now Russia, troubled by sunni terrorism at home has its own 'understanding' with Iran and nuclear exports.
Crimea is a vital warm-water naval base for Russia. (Its other ports are frozen in winter.) It gives it access to Syria. It is is also vital for control of the Mediterranean. In the early 1970s NATO was worried that the Mediterranean was becoming a Soviet lake. The USSR was the main arms supplier to the most populous Arab country there, Egypt. It also controlled the Suez canal. The Soviets had bases along the North Africa coast and in Syria.

Today Egypt has washed its hands of Obama's USA (that supported the Muslim Brotherhood and undermined Mubarek).  It is now getting arms supplies from Russia. The Saudis, who fiercely oppose the Muslim Brotherhood's way to establish Islamic global dominance, are changing their long-established policy towards USA. They are pumping tens of billions of dollars into the anti-Muslim Brotherhood Egyptian regime. For a century a religio-industrial compact allowed the USA, the world's prime capitalist, industrial power and a desert-bound religious sect in Saudi Arabia to dominate world affairs together. The world is now in flux.

In 1973 Europeans were getting oil at under two dollars a barrel from a wide variety of suppliers throughout the Middle East and North Africa. When Arab armies attacked Israel while the nation was fasting on the Yom Kippur holy day, the Arab suppliers, formed their own cartel. With their Oil Weapon, they placed a total embargo on Europe and the USA. They demanded that the West cease from henceforth to support Israel. They declared that any country that did not change its foreign policy would get zero oil. President Nixon considered declaring a state of war.

Thanks to the European Communities each with an energy component (Coal and Steel, Euratom and the 'Common Market') Europe was able to survive. It did not have a real common foreign policy nor did it create an energy policy (we still don't have one!). In 1959 the three Communities had formed an 'Inter-executive Group' to coordinate national energy policy. But General de Gaulle not only froze such initiatives he reversed France's Middle East policy for the sake of cheap Arab oil. That only encouraged the setup for blackmail.

In 1973 Europe was able, however, to buy oil on foreign markets and swap it between Member States in the nascent Single Market to help them survive. Denmark and Holland (who saw no reason not to support the Jewish State of Israel) imported mainly from the Middle East.  Faced with a total cut-off, they were in dire straits. Oil was shared with the other EC countries who imported from elsewhere.

In December 1973 the European Summit in Copenhagen was disrupted by an uninvited delegation of Arab oil exporters. They were determined to see that their Oil Weapon had maximum effect and no 'European solution' that favoured Israel and democracy in the Middle East was undertaken.
The effect of the oil embargo was devastating on the economies. Factories closed or went on short time. Motorways were bare of cars and vehicles. There was mass unemployment.

The Arab Oil Exporters quadrupled the price again in 1979! This was the Second Oil Shock. It exercised the ratchet mechanism to boost prices, not untypical of all cartels. The Economist opined on 22 December 1979:
"OPEC's interests are increasingly inimical to those of the west. ... Their underlying interests will push them into actions that harm the rest of the world. ... Unrest in the Middle East often takes the form of austere reformist Islam, yet further reducing production. .. OPEC's existence, as a device for producing a floor (for minimum prices) under past gains, while leaving 'free market' forces which are nothing of the kind to push prices further upwards, does indeed reflect the interests of its members. .. When people talk or write about OPEC, in this materialist age, they turn first to the tools of economics. But politics is also a necessary part of the solution to the problem. The west's governments have to muster political weapons both to achieve their aims at home and to constrain OPEC's power abroad."
Cartels benefit from time to time when prices fall. Why? They wipe out any alternative supplier. Energy infrastructure takes time and investment. When oil prices crash, these programmes are binned. As the same article in the Economist prescribed, Europe needs to pass on the full price of oil to the consumer. Even more, it needs to maintain high prices for the long-term, by tariffs if necessary, so that conservation will become a way of life and native energy-making inside Europe is common.

That requires a fully-fledged Energy Community with democratic institutions and powers. How can this be done? It could start by placing solar panels on all buildings, public and private. Europe needs a common, intelligent grid. It could stop using tarmac for roads and replace them with safe, solar panels made out of reinforced glass. What's glass made of? Sand and we have plenty of that! Europe could thus become a major exporter of electricity to the world! I am sure our scientists can come up with many technologies if given half a chance. Freedom of thought is the great asset of European culture. Other nations with lots of sand seem in a cultural timewarp.

An Energy Community as a new SUPRANATIONAL institution would help resolve the dilemma over Ukraine. About 16 percent of Europe's gas comes via Ukraine. It could immediately become a member. But it requires major revision of the present EU to make it democratic according to the treaties.

It took nearly two decades for the oil price to fall to anywhere near 'free market' levels. That was due to squabble among the Arab OPEC members and world competition but little effort was made by Europeans to gain energy independence to avoid future blackmail. The Shah of Iran one of the most enthusiastic proponents for higher oil prices was replaced in 1979-80 by the shi'ite leader ayatollah Ruhollah Khomeini. Iran promptly got into a war with secularist Iraq. The sunnis were not to happy about the revolutionary terrorism of the shi'ites but both were in agreement of squeezing the Western lemon till the pips cracked.

So what did stupid Europe get? More blackmail by the cartel! By 1999 oil prices had fallen to around 9 dollars a barrel. The Economist magazine with its extensive intelligence and expertise forecast a long-term price of FIVE dollars a barrel. It was not alone. Western oil companies like BP and Shell said the same thing. But they were no longer in control of the game, or the taps. The Arab oil suppliers had nationalized the oil supplies, so many western companies were merely helpers and exporters of this Arab oil. The guys who could turn the taps off at will were at OPEC. When prices rose, they cut off supplies so that oil prices stayed high and rose higher. The others like the subservient western oil companies were left with their own cartels on downstream operations and financial operations. The oil-producers recycled their profits using short-term financial instruments like derivatives or bonds. At compound interest the petro-profits must now amount to a financial bubble multiple times the size of the real economy. (The US Treasury long ago identified five cartels operating in the oil industry at various chokepoints. Today we seem to have more.)

So what happened with the new century? The price tripled immediately in 2000. It then took a rocket trajectory upwards. This was the THIRD oil shock. Oil went from nine dollars to 147 dollars a barrel -- an increase 1633 per cent! At that price the oil exporter were extracting around 10 percent or more of world GDP for a product worth a couple of dollars in a free market. The International Energy Agency shows this THIRD oil shock is the most serious one. Oil prices have never been higher in real terms since the modern oil industry began in 1859. No wonder the EU is in the economic doldrums.

It is not only this generation of politicians that are acting stupidly. Immediately after the initiation of the Community system, politicians went into a nationalist relapse. International cartels pick off nation States like minnows! By not acting for decades Europeans have compound interest on their stupidity. Europe is still sleep-walking in a dreamland with its plans for 2020 and 2030.

Today  the implications of this ignorance has moved from amber Stupid to Red DANGER.

The Russian take-over and military invasion of Crimea is part of Russia's strategy to survive its own uncertain future. Russians are a highly educated people. They are capable of great achievements. But hindered by their own stupid ideologies, from atheistic Marxism to the present Putinism, they have been unable to compete with the West. Dimitry Medvedev wanted to turn Russia into a high tech society -- but that requires a free society with open democracy. Instead their economy and all political power is based on the export of gas and oil.

Putin knows the implications full well. He is an expert in oil and gas prices. His whole policy is based on these strategic raw materials. Properly applied these raw materials can lever Russia back to great power status after the collapse of the Soviet Union. He called it the 'greatest geopolitical catastrophe' of the last century. It was a geopolitical disaster, not a communist one. Russia was a centre of a world ideology -- communism. It gave the USSR world clout. Putin was the clever KGB officer that thought up the Plan B to restore Russia's fortunes. He wants to control not only Crimea, but access of non-Russian oil and gas that drives the world economy.

The new key for Russia as a world power is not ideology but energy. Today the EU imports more than half its energy with a third of its gas and oil coming from Russia. Some countries are 90 percent dependent on Russia. Germany is a main customer.

As a KGB officer in Germany he was well aware of Europe's dependency on imported oil and gas. In his time of secret service office, the 1980s, a major trans-Atlantic row broke out between the USA and Europe about financing Russian pipelines. It nearly tore NATO apart. Mrs Thatcher joined with her French and German colleagues and opposed Ronald Reagan. The Soviet pipeline row became one of the biggest political crises of the West since WW2. (See my book, Russia and the danger for the European Union, pp88ff second edition, published in 2000 and first edition 1995. It proposes a pan-European Energy Community that would drive the democratisation of both the European Community members and the Former Soviet Union and its former satellite States.)

Why did Putin act now? He is in a race against time. Previously Russia had pledged its great support for the international rule of law. Now he has permanently lost any claim to that. The population of Crimea may be pro-Russian. There may be unsavoury characters in Kyiv. Khrushchev, acting as the Dictator of the Proletariat, may have acted foolishly to declare Crimea Ukrainian. But to move in Russian troops, to take-over all the communications, to force a referendum without a debate and then sign it off as a legal act in the Kremlin won him the condemnation of all other countries as a patent lack of legitimacy. Putin retorted that NATO had also broken its promises not to expand. The colour of the Russian policy is clear from the fact that it took over a gas plant outside the area of Crimea.

Acting like a bandit State is a severe loss to Russia's prestige -- after the Sochi Olympic games that won it acclaim. Why did he do it? He faced open hostility with the Saudis over the outcome in Syria, even threats of terrorism at Sochi. Instead Putin moved his armed forces to protect Sochi from terrorism. It turned out (coincidently?) to be very handy for taking over Crimea.

The rapid and smooth turn of events that caught the west by surprise indicate strategic planning. Without the exorbitant price that Europeans are paying for its gas, Russian economy would crash, its people starve. The Russian State and its budget depends on the viability of the huge energy monopoly, Gazprom. For President Vladmir Putin it is now a race against time to save his country. Two factors threaten Russia's future: price and the bust-up of a cartel operation.

Russia fixed its gas price in parallel with the oil market. Why? This was the highest price Russia could get. When the Netherlands was under total oil embargo, it found it had huge gas deposits. So taking a leaf from OPEC, it set the price as high as it could to be able to survive. Russia merely copied this ploy, although there is no good reason why European consumers should support another cartel dictating prices.

There is no real free market in oil and gas. It is run by numerous cartels. This has been going on for more than a century. In the 1950's the US Treasury identified FIVE cartels that worked in conjunction to control high prices to the customers. They ranged from exploration cartel, to down stream retailing and we can now add a financial cartel that recycles vast amounts of oil and gas profits through banks and derivatives that are multiple size of the 'real economy'. You can control the price by stopping research, drilling, turning off the oil taps, creating refining bottlenecks or applying the massive oil profits to control the economy. Some analysts estimate that Goldman-Sachs boosted the price of oil by 30 dollars a barrel before the 2008 crash.

Russia's gas price is now threatened by shale gas. The USA is producing massive quantities and this has hugely cut price of gas. If Europe produces its own gas in such quantities in a free market or imports gas from the USA -- bang goes the Russian-based gas cartel. Today European industries pay more than twice as much for electricity as the USA, and pay four times the price for gas, according to BusinessEurope, the companies lobby group! That is the measure of a cartel vampire.

US President Obama wanted to declare red lines over the dubious origin of poison-gas weapons in Syria. However Putin took his 'smart pills' and made Obama and the State Department with its close links to Saudi oil look stupid. The greatest scandal is religious persecution and ethnicide that is happening by the invaders. Syria used to have vibrant Christian communities since the time of Christ. The Jews, who were there even longer, preserving precious manuscripts over many centuries, have now disappeared.

Meanwhile the massacres of Christians in Syria go unreported by the West. Why is the media muted? The destabilization of all countries in the eastern Mediterranean is only part of a global power game. The revolutionary Islamists who want to 'free Syria' behead Christians and those who are unable to pay the ransom after kidnapping. Christians who don't convert or agree to become dhimmis (subject peoples) and pay the dhimmi taxes are treated in the same way.

The West's leaders are numbed into silence at Islamist atrocities by decades of blackmail. They need to start taking anti-stupid pills.


10 October, 2012

Euro10: The Commission to skivvy for an above-the-law, non-EU, 'tax haven' company?

Grave defects in THREE current treaties and agreements will affect your money and Democratic structures across Europe — for the worse. The European Council is trying to force through unethical and undemocratic treaty proposals. It aims to create the European Finance and Stability Facility/Mechanism (EFSF), the European Stability Mechanism (ESM), and the Fiscal Compact (TSCG). They will radically change your life and all Europeans. It is giving short shrift to democratic debate either in national parliaments, the European Parliament and trying to stifle public debate.

It took ten years to force through the irresponsible Lisbon/Constitutional Treaty against the expressed will of the people, asserted in referendums and public opinion. Now it is trying to do the same in one year with three treaties that are not even properly subject to the European institutions — and the European Court of Justice. Each treaty pushed through against public opinion and court battles produces ever decreasing political legitimacy and plummeting public trust.

It is highly dangerous. Why? Because the treaties abandon common values of Democracy of Member States. They subvert supranational principles about how to create a sound money in a Community composed of many and varied economies of 27 States, each with their own history.

ONLY a Community system with proper elections and independent institutions can safeguard a Community currency. Wishful thinking of politicians telling each other not to be too greedy and corrupt will not work. It will end in a deeper crisis.

Will politicians succeed in destroying sound money by their shenanigans behind closed doors? Will the Commission be turned into a toothless secretariat? Should politicians ‘task‘ it for their own dubious purposes? Or should it be INDEPENDENT?

Would you agree that government ministers,
  • some of whom have been accused or shown to be guilty of fiddling the books,
  • fraudulently breaking European law,
  • undermining the currency,
  • being involved in political corruption,
  • or knowingly colluding with those who do so in secrecy
should HAVE LEGAL IMMUNITY FROM COURT ACTION? Should all their staff be:
immune from legal proceedings with respect to acts performed by them in their official capacity and shall enjoy inviolability in respect of their official papers and documents.
Politicians have created a fraudulent EURO that ignores the Community democratic rules. Their aim was to hide national fraud behind a European cloak — without democratic control or proper elections.  If they were again involved multibillion euro fiddles, why should they be above all Courts of Law? Does anyone have a guarantee that politicians will always be moral and never make any mistake? Democratic control and the Law are there because politicians can be immoral and often make mistakes.

Do you think the public should have a say before this legal immunity of the political class is applied? Should the legal framework be decided by those who have previously been found guilty of wasting billions of taxpayers’ money? Should LAW be INDEPENDENT of Government, especially those who control the budget?

The concept of a supranational and democratic Community demands that the Commission must be independent and composed of universally accepted fair-minded individuals. Their task is to PROPOSE to politicians measures that will be to the benefit of all Europeans. When politicians and government ministers want the Commission to be their secretariat acting at their dictates, the idea of Community is turned upside down. It is hegemonic rule by a Council Politburo. In the past the Commissions were almost entirely non-political. The European Commission was created so that politicians could not turn Europe into a zone of corruption and warfare. Corrupting the Commission and making all members colluding fellow politicians is to place the fox in charge of the chicken-house and all the EU budget too.

What do YOUR lawyers, paid for from your taxes, the Council’s own  lawyers, say about these bizarre and extraordinary proposals?

The Council refused my request to see the Legal Opinion of their Legal Service on the following non-Community innovations: the EFSF (European Finance and Stability Facility), the ESM (European Stability Mechanism) and the Fiscal Compact (the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union), TSCG and similar matters. I appealed, reminding the Council that it was both URGENT and of major financial importance, and needed for democratic debate.

After the longest delay possible according to the Freedom of Information Regulation 1049/2001, the Council again refused. I therefore introduced a complaint to the European Ombudsman (0862 /2012).  The Council again refused to supply documents paid for by the tax-payer and vital for a democratic debate on what exactly is happening on the Euro crisis. The so-called rescue mechanisms cost multiple times the annual budget of the EU. The crises involve politician-generated frauds and Treaty-busting overspends. Now the politicians expect the public to have politician-generated solutions, legally secure as a sieve. They will waste oodles of money for generations to come.
The following is my reply to the Ombudsman, awaiting his decision.

Council’s Refusal to supply Legal Opinions on the EFSF, ESM and Fiscal Compact.
Please refer to my earlier correspondence with the Council.
The Council has chosen only to reply about the Fiscal Compact, the Treaty on Stability, Coordination and Governance in the EMU.

My reply is in three parts:
(A) The lack of sensitivity and sense of proportion of the Council/European Council to democracy in monetary matters, given its huge financial and democratic importance;
(B) Legal position – the refusal to show a Legal Opinion is in violation to the treaty articles and European court judgements. The Council position is untenable and hypocritical because parts of the legal Opinion have already been published by some Parliaments. Publication is normal and required in any civilized democracy. Legal opinions must be published for democratic debate.
(C) I also ask the Ombudsman to investigate if other Legal Opinions exist for the ESFS Agreement and ESM treaty, by hiding them in other contexts. The ESM treaty for example gives legal immunity from Court action to the staff of the ESM and tax-free status for staff. This is a highly controversial matter given the number of governmental frauds exposed during the euro crises. The ESFS Agreement results in a private company in Luxembourg, ‘tasking’ the European Commission, a tax-paid, EU civil service in the public sector, ‘to perform certain duties and functions as contemplated by the terms of the Agreement’ (Preamble 3). Is the Commission a public or a private body?  The Agreement is contracted according to English law and may be dealt with by Luxembourg Courts, although the position of the Commission to act or complain remains dubious as it is considered a skivvy of the Company and only Member States are mentioned in legal action (Art 16). Has the Commission become the private secretariat of a Luxembourg company?

A. Importance of the issue.
1. Practically unlimited amounts of money is involved. Public liability to irresponsible politicians’ action is at stake. A group of countries but not the whole Community of 27 Member States is proposing to implement monetary innovations that represent a budget of FIVE or more times the entire EU budget without proper discussion or control through the EFSF and ESM with dubious control through the Fiscal Compact. The proposed solution lacks adequate democratic supervision. It involves ministers setting themselves up in a private company in a location that many of them previously denounced as a tax haven and subject to utmost secrecy about banking transactions.
Süddeutsche Zeitung, 31 July 2012
France and Italy favour giving the ESM “virtually unlimited firepower” via ECB liquiditySüddeutsche reports that a number of eurozone member states, including France and Italy, as well as leading members of the ECB Governing Council, favour granting the eurozone’s permanent bailout fund, the ESM, a banking licence – which would give the fund “virtually unlimited firepower” beyond its projected 700 billion euro via an open credit line at the ECB. Handelsblatt cites the ECB’s former Chief Economist Jürgen Stark as saying that “an ESM with a banking licence would be a clear violation of European law.”
http://www.sueddeutsche.de/wirtschaft/schuldenkrise-in-europa-eu-staaten-wollen-euro-schutzschirm-ohne-limit-1.1426870
2. Anti-democratic procedures and obscurity adopted by governmental leaders. The subject was discussed at what was a mixed meeting of EU heads of Government and States plus a Eurozone meeting of these leaders (which does not have legal status in the treaties.)
In this case it is not clear who is in charge. Is it the European Council, the Council of Ministers or a grouping of government ministers of the Eurozone? The latter, the ‘Eurogroup’ is an informal group according to the treaties. It is not a decision-making body.
3. Legal obscurity. Only the full Council is regarded as an institutional body for legal decision-making. Thus any decisions taken by the Eurogroup are legally dubious.
4. The euro is in crisis, we have been told, for the last several years. Now politicians say it is urgent and the new arrangements must be done rush, rush, rush. All this while the legal status is highly dubious. This tactic is unworthy of democracies and more common of tin-pot dictatorships trying to fool the public.
5. The European institutions and European national governments have a responsibility to act fairly, lay their cards on the table and take the public into their confidence as the leaders are supposed to be representatives of the public. Legal Opinions are owned by the taxpayers.
6. The EU leadership is presently in a critical low of public confidence, mainly because of lack of accountability of the EU budget, lack of proper accounting procedures where the EU budget has failed to be signed off.  TRUST in the EU leadership has fallen to the lowest level EVER, 31%. http://ec.europa.eu/public_opinion/archives/eb/eb77/eb77_first_en.pdf
The European Union and Communities and intergovernmental conferences have institutions that are there for democratic discussion once information is supplied. The draft treaties have to be discussed for safeguards in national parliaments and other democratic fora before ratification.
7. The politicians – whether of the Council or the Eurogroup – have shown great reluctance to present relevant information to the public. I asked Council press officers on 30 January for the Legal Opinions. They did not have them to give me. Instead I was forced to ask via the website, which is more suited to historical archives than news journalism.
8. The response of the council is mechanistical lacking any sort of sense of urgency, proportion or public responsibility. It involves obfuscation and denial rather than democratic accountability, given the enormous sums of money and political implications involved.
9. Political leaders refuse to open a debate on this multi-billion matter. MEP Francis Wurtz said recentlyIt is not because votes in the Council are supposed to be public, or that debates in Parliament are obviously public, that democracy is safe. Everything possible is being done, not through negligence but as part of a strategic design, to avoid feeding understandable information to the man in the street and to avoid a debate on public ideas, in other words genuine grass-roots democracy. You just have to look around you! Speaking on TF1 on 9 September, François Hollande discussed the crisis and the budget, but he did not say a word about the treaty.

B. Legal position

a. Turco Case. European Court of Justice 1049/01 PRESS RELEASE No 43/08 , dated 1 July 2008
Judgment of the Court of Justice in Joined Cases C-39/05 and C-52/05 Sweden and Turco v Council and Others
THE COURT AUTHORISES, IN PRINCIPLE, ACCESS TO LEGAL ADVICE GIVEN TO THE COUNCIL ON LEGISLATIVE QUESTIONS
The transparency of the legislative process and the strengthening of the democratic rights of European citizens are capable of constituting an overriding public interest which justifies the disclosure of legal advice.
Mr Maurizio Turco said later: Democracy and the Rule of Law are based on publicity of the laws and of the decision-making process, hereby including all acts (proposals, amendments, discussions, votes, legal opinions, reports, etc) that are examined and contribute to the determination of a decision having effects on citizens. The EU, as well as Italy, has to guarantee these fundamental principles that allow for citizens to get closer to institutions and to participate in public life, following the principle that it is necessary to have the possibility “to know in order to deliberate“.

b. In’t Veld Case. European Court of Justice Sophie in’t Veld vs the Council
It was the General Court’s judgement in Case T-529/09 to annul the Council’s October 2009 decision insofar as it refuses access to the undisclosed parts of the requested document (11897/09) other than those that concern the specific content of the envisaged agreement or the negotiating directives and considers overall that both the Liberal MEP and the Council were “partially unsuccessful” in their endeavour. The parties will have to settle between themselves what can be disclosed.
Ms in’t Veld – who earlier this year drafted a report for the parliament’s civil liberties committee calling on MEPs to reject the EU/US agreement on the data transfer of flight passengers – described the ruling as “a step forward for transparency in Europe” which establishes a precedent that “negotiations on international agreements are not automatically exempt from EU transparency rules.”
Other ECJ judgement reinforce this requirement for the Council to share Legal Opinions. Publishing opinions is not only a treaty obligation, it is an obligation for democratic debate (TFEU #288) and elsewhere already cited in my correspondence with the Council.

c. Part of the Legal Opinion has already been published!
It is ridiculous and hypocritical to refuse access to any part of the Legal Opinion of the Fiscal Compact (TSCG). I have not been able to check what has been published in all 27 Member States but the following relates to the UK. The UK House of Parliament Library (UKHPL) Research Paper 12/14 of 27 March 2012 prints a number of extracts.
Council Legal Service Opinion
On 26 January 2012 the Council Legal Service issued an Opinion on the compatibility with EU law of draft Article 8 and related preamble recitals, based on the fourth treaty draft. The Legal Service answered four questions:
1. Can the procedure foreseen be described as a dispute settlement mechanism between Member States?
A Member State considering that another Member State had not complied with mutually accepted treaty obligations “is enough to be regarded as a genuine dispute between them” if one takes action against the other. The initiators are Member States, not the Commission, and the Member States could be in breach of their obligations under international law if Court not seized. “There is no convincing reason not to regard Article 8 as a clause that aims at settling disputes between Contracting Parties, which are Member States of the European Union”.
UKHPL research paper adds
N.B. Paul Craig disagreed with the Legal Service view that the Commission was not directly involved in bringing an action before the Court. A negative report from the Commission would trigger a mandatory obligation on one/more Contracting Parties to bring the recalcitrant state to the Court: “The reality is therefore that the Commission is still ‘bringing’ the action”.
2. Can the clause be regarded as a “special agreement”?
Member States can establish in advance “a mechanism that may be made use of, in predetermined conditions, if a dispute happens” but only if the “speciality” criterion is fulfilled. Article 8 fulfils this criterion because it refers specifically to violation of Article 3(2). The Court is limited to reviewing the transposition only of the balanced budget rule, to be accomplished according to a defined legal framework and precise timetable. Therefore, Article 8 conforms to Article 273 TFEU because it “merely anticipates possible incidents of which the nature, the limits and the time of occurrence are known with a relatively high degree of precision at the time of its conclusion”.
3. Do the issues to be brought to the Court relate to the subject matter of the Treaties?
The provisions Contracting Parties adopt must give legal effect to rules that apply within the framework of the “revised Stability and Growth Pact” (Council Reg. 1466/97, as amended by Reg. 1175/2011). This is in line with implementing EU policies, e.g. to strengthen EMU and “conceptually and practically inseparable” from EMU as established by the EU Treaties. “Therefore, although as such the control of the adequacy of national measures transposing rules established outside the Union is not an EU law issue, the assessments required would necessarily involve consideration of problems of EU law and must for this reason be regarded as ‘related to the subject matter of the Treaties’”.
4. Does the Court have jurisdiction to impose “sanctions” on Member States following an agreement between them to have recourse to Article 273 TFEU?
Article 273 TFEU does not exclude the capacity of the Court to impose penalties, but the capacity must be explicit in the dispute settlement clause as it cannot be presumed, as must the procedures, since they differ from Article 260 TFEU. Imposing financial penalties does not alter the nature of the Court’s responsibilities because Article 260 TFEU empowers it to impose sanctions. Article 8(2) therefore does not introduce “an element alien to its existing practice”. Although the violations here are not of EU law, they are closely related to EU law (see note 3 above). Also, it is the Member State(s), not the Commission, which asks the Court to impose penalties, which “does not significantly affect the conditions in which the case will be treated by the Court nor the exercise of its powers”. Article 8 “broadly anticipates the framework that will apply to the norm” when the substance of the new treaty is incorporated into EU law within five years of entry into force, “while being entirely compatible with the legal basis of Article 273 TFEU” before that time.
The Research Paper adds the following:
Craig did not think the Legal Service opinion was the end of the story, as the questions of principle and legality remained unanswered:
The issue of principle presented above nonetheless remains relevant, even if the consent to the use of the EU institutions by non-signatories to an agreement such as the SCG was unequivocal and even if there was no external pressure. This is because the issue of principle in paragraphs 1-6 above is not dependent on whether particular Member States at particular times are willing to allow it to be circumvented.
For Craig the proposition that institutional powers granted under the EU Treaties or EU law could simply be “cut and pasted” into a different, non-EU treaty was “not legally or politically tenable” and “The fact that an EU institution has power pursuant to the Lisbon Treaty or EU legislation to do certain things, cannot per se legitimate use of an analogous power pursuant to a different Treaty”.

The UKHPL research paper adds:
Arrangements for legal procedures under Article 8 TSCG
At the signing ceremony on 2 March, signatories agreed an annex to be attached to the minutes of the signing ceremony on the arrangements for bringing a matter to the Court of Justice under Article 8(1) TSCG. The Annex clarifies that an application to the Court will be made by the Trio of Presidencies as set out in Annex I to Council Decision 2009/908/EU of 1 December 2009 (assuming there are no criteria which would exclude any of these three States, in which case the applicants will be the former Trio of Presidencies), in close cooperation with all Contracting Parties. Technical and logistical support and costs will be provided by the Contracting Parties linked to the case in question. Sub-section 6 provides that, on the basis of the Commission’s assessment that a State Party has failed to comply with the Court’s judgment, “the Contracting Parties bound by Articles 3 and 8 of the Treaty state their intention to make full use of the procedure established by Article 8(2) to bring the case before the Court of Justice, building upon the arrangements agreed for the implementation of Article 8(1) of the Treaty”.

My Conclusions
  1. I initially asked for Legal Opinions on the ESFS Agreement between Euro Member States and EFSF Société Anonyme of Luxembourg, the ESM treaty and the Fiscal Compact. I am surprised that the Council says that it has found only ONE Legal Opinion related to the Fiscal Compact and nothing for the EFSF, the ESM treaties. This contradicts what I was told. I would ask the Ombudsman to investigate the matter to see if the Council or some of the Member States, acting separately from the Council as an institution, have indeed asked any Legal Services of any description to provide Legal Opinions and are hiding these by a form of words. For example the ESFS is not a fully Community or EU framework. Yet it takes the Commission (EU civil service) as its servant, says that English law applies and that Luxembourg Courts may be used for disputes (Art 16). The issues are serious. The ESM treaty gives complete legal immunity to its staff in their actions (articles 32,35) and is able to set its own tax rates (arts 5, 35). This is more than disturbing given the nature of the Euro crises. Government frauds, statistical fixing and other matters, which would be prosecuted as crimes in private companies, have been uncovered.  Government action must be under control of democratic supervision and the law.
  2. The Fiscal Compact involves a great deal of taxpayers’ money and its use, and should involve multiple democratic controls. For this reason any Legal Opinion must be made public. So should any other legal opinion relating to pseudo-European bodies or companies.
  3. The Fiscal Compact Legal Opinion has at least in part been published by the UK House of Parliament Library and may have been published in part or in full by other democratic institutions. The refusal of the Council to publish it is contrary to ECJ judgements and normal democratic practice. Furthermore instead of publishing the document/s right away it has used the prolongations to refuse in the most uncooperative, undemocratic way possible.
  4. The information requested is urgent and necessary as it is apparent that the governments refused to follow the Community-based guidelines to create a Single Currency given in the Werner Report. They have sought to use European institutions to hide fiscal and monetary irresponsibility in their own governmental systems as is apparent from the crises in Greece, Spain, Portugal, Italy, Ireland, France and also Germany etc. The timely production of this information is necessary for a wider debate on the future of the Euro.

06 June, 2012

SECS1: The 'New Hedonist' school throws Europe's currency rules out the window

The present euro system is on its last legs. A new European Currency will have to be built. How should Europeans create a Supranational Economic and Currency System? It should be fairly obvious that countries and nations that have fought each other for more than two thousand years need a system tailor-made for them. It is no use going to theorists living on other continents who are ignorant of Robert Schuman, one of France's most successful Finance Ministers initiating thirty glorious years of postwar growth, and how he brought about a system that ended war -- including Europe's expected Third World War.

The euro's fatal flaws arose because the politicians decided in the 1960s, 1970s and 1980s to abandon supranational democracy and the supranational philosophy that built the Community. Under the arrogant impulse of Charles de Gaulle who wanted to destroy the Community, the other European politicians succumbed to his closed door Council. They acquiesced to the non-democratic easy route of 'package deals'. Vote-getting Wine Lakes and Meat Mountains for farmers were paid for by European taxes and tariffs. This has led to our present Politburo Council system, where a cartel of political parties has replaced de Gaulle and his spineless European cronies. They FEAR openness in the Council as it will unfreeze moves to further democratic progress.

The European Community system must have a currency based on supranational currency principles. North American federal ideas won't cut the mustard. For decades economists have said that a European Currency must be based on a Optimal Currency Area. This idea is based on two fallacies:
  • (a) it assumes that the European Community will act like a federal system such as either economic theorist Robert Mundell's native Canadian federation or the USA.
  • (b) it relies on the Neo-Hedonist presumptions about the economy and currency.
For example, the US currency is minted by the Fed (the privately owned US Federal Reserve -- which is neither federal nor a reserve). Their mission is to print money only on the basis of encouraging growth and employment for Americans. Further dollars are created by the banking and speculative institutions which try to multiply loans for all. The massive avalanche of dollars that is being churned out by the Fed has had in practice little effect on either growth or employment. It has seen a massive flight of jobs abroad to places like China and other parts of Asia. Its own growth has only been kept above zero by massive borrowing. This is hardly healthy and will lead to 'an adjustment'.

The USA, now shackled by huge debts and overdraft from the other world economies, has become a dangerous and explosive debt overhang for the rest of the world. China, Japan, Russia and other major economies are avoiding US Treasury Bonds and divesting. Why? because of the coming massive inflation. The USA is likely to go through even worse crises than it has so far. This was clear several years ago. The world will also suffer. About 70 per cent of dollars circulate OUTSIDE the USA.

The European Community system is different from the North American experience. It is based on remedying the flaws that Robert Schuman and others saw in those systems and creating a better one. The Canadian and US federations are distinguished in the sense that because of their respective constitutions the first tends to stimulate the growth of governance powers to the provinces away from the centre, while the second has a tendency to centralize and grab powers from the constituent States, both where the constitution allows it and too often where it would seems to forbid it. The European Community system is designed -- when it works democratically -- to reinforce the nation State and build a higher supranational level, based on law and economics, above it.

America is suffering from toxic assets from the sub-prime property bubble scam, junk bonds and complicit credit rating agencies and a central banker with little democratic control. Europeans have most of the same plus a wide variety of political and statistical corruption in a 'European Union' -- not a democratic Community. It is led by the nose by the secretive EuroGroup (that meets in the dead of night) and the closed door European Council which decides policy in a democratic vacuum for the public.

Both sides of the Atlantic are now crying: 'Growth, Growth, Growth. That will change all our fortunes and the people will forget our mischief.'

The Neo Hedonists make no distinction between toxic (or crooked) deals and a healthy economy based on what should be obvious to all: The economy is not a separate or independent creature but it is connected to the real world, real people and goods and has to obey universal and supranational values. Any operation that is based on Ponzi schemes, pyramid selling and ignores morality will end in collapse, trauma and catastrophe.

The European Community is not based on Neo Hedonism as far as its founding philosophy is concerned, nor is it a model that can be shaped by either American, Canadian, Mexican or other federal systems. Whatever politicians try to do against those founding principles and philosophy will end unhappily. At the moment they are trying out all the wrong alternatives (mostly against supranational democracy and in line with a Politburo or political cartel approach).

Their failures are apparent to all but themselves. Thirty years of political corruption, behind closed doors, is now being exposed. Unfortunately all Europeans will have to pay for this mess.

The Community is not designed to be a centralizing governance system, but a purifying system for national democracies that willingly participate in it. Schuman said it was designed to de-toxify European relations.

That must include money, detoxifying it from private and governmental fraud and corruption. But in the 1990s the politicians threw the supranational rule book for a successful currency out of the window. They decided to base the euro on other fanciful ideas. They belittled and sidelined the Werner Report that in 1970 traced the steps needed for Monetary Union. This was written by a Luxembourg Prime Minister who knew Schuman, and among others, the governor of the Bank of France, Bernard Clappier, Schuman's former directeur de Cabinet. He acted as Chairman of the key Monetary Committee.

The politicians based the euro on the Delors Report of 1989. That did not even recognize the five key institutions of the European Community and understand how they should develop to take on the responsibility of a European Currency. It spent a good deal of ink explaining why the supranational criteria and conditions should not be applied, and ignoring others.

The Community made its first major contribution in a way that no federal system has succeeded in doing: it made war impossible between its Member States. But this is only the first step in the process of a supranational Community.

The politicians of the Delors era looked into the Treaty of Rome with its Economic Community Treaty to find out how to create a European Currency. In vain. It is not there. The principles are set out well before the Treaty of Rome in the founding documents and treaties. They set out the principles of the Single Market of 1953 and the way to currency union. They apparently did not even seem to analyse the first Community -- which defined both the Economic Community and Euratom.

The founding principles are well outlined in the Schuman Declaration, its democracy in the great Charter declaration, that the politicians still refuse to publish. It provides a clear outline of future developments including a Single Market, single economy and Single Currency based on enhanced democracy and justice.

The aims spelt out in the Schuman Declaration are to serve all Europeans and the world. They include raising employment, increasing innovation and building a stable European currency. Check it out!

18 January, 2012

Election6: The Council's President of the European Parliament: the Speaker for EU's UNDEMOCRACY

The EU leaders are now repeating their mantra: the solution to the crisis is the Community method. The Community method involves open democracy. We haven't got it! We have the 'Council method' which involves a political cartel, a Politburo, ruling Europe behind closed doors. It is an oligarchy of political party chiefs. It is the cause of the financial crisis.

Take the recent happenings in Parliament.

Since the days of the three European Communities, the president of the European Parliament has descended to typify the great farce of Europe. It is also its great shame. The President or Speaker is supposed to speak for what should be the flagship democratic body of 27 democratic countries united in peace and justice. Instead it is the dishonour of Europe. It is the laughing stock of the world.

Don't just take it from me. Check what the MEPs say below on video about how the developing world calls the EU hyprocritical. See what is said abroad about EU's fake democracy, especially when it preaches democracy to Africa, Russia, Belarus and elsewhere.

The 'Council method' provides succour to all the world's dictators who want to have a model to control parliament. It shows how Europeans' counterfeit democracy works. The Council method stops any form of elections or controls the outcome regardless of the election results. It provides a curtain, a burqa, over all the power-broking deals that are made behind closed doors.

The president is not elected. He or she is chosen by fixers in the morally darkened corridors of the European Council. Who chooses him or her? Not the European electors. The cartel of politicians in the Council choose the name of the person who is supposed speak for European Democracy and its 500 million citizens. The Speaker speaks mainly for the Council oligarchy, not the public.

1. Let us start with the elections. In 2009 I was with a number of journalists at the European Council meeting BEFORE the last European Parliament elections. A spokesman of the Polish persuasion announced to us all that the tricky mix of negotiations had successfully been horse-traded. The Poles had gained what they wanted. The next president of the European Parliament would be Mr Buzek, a Pole.

Let me repeat, this was BEFORE the European elections had taken place. Notice the COUNCIL according to the Council Method decided
  • the NATIONALITY ,
  • the POLITICAL PARTY and
  • even the NAME of the President of the European Parliament
  • WITHOUT A SINGLE MEMBER OF THE PARLIAMENT BEING PRESENT!
This is Politburo politics. Schuman condemned these Soviet-style politics of the "People's Democracies" as counterfeit democracy.

Isn't it ironic that the peoples formerly subject to the Soviets are now full-time players in the corrupt Gaullist system? Why are they no longer the fearless defenders of democracy and people's solidarity? Power. Power tends to corrupt.

This remarkable announcement presumes that (a) the elections are a farce and do not play a role in what happens in Parliament. (b) that the Council oligarchs know exactly who will be elected because they control the EP candidates of the party; some of course are elected on a list system; and (c) the Council or government leaders control the MEPs when they enter Parliament and discuss the presidency. They know that no independent thinker will be allowed, or at best only a few to brighten the decor. The mass of MEPs will follow exactly what the politicians in the dark recesses of the European Council have decided.

This is an act of a political CARTEL. It decides who and what, how and where with no recourse to the consumer, in this case, the voter, representing 500 million citizens.

2. In order to get this EP presidential candidate through the EP system, a vote of two-thirds is necessary. Neither of the big parties has this proportion of the vote in the EP. But two such groups have -- the European People's Party, EPP, representing what they call rightwing parties. On the other side is the group of Socialists or Social Democrats. They agree to a collectivist solution that cuts any dissident voter or MEP out of the circuit.

These two groups hold more than two-thirds of the seats and have the potential, the possibility, and I might add the undemocratic temptation, to join forces and impose their will. That would not really be fair or just to minorities or even some majorities. But it is a big temptation.

And if there is a big temptation, you can bet your cotton socks that most politicians will seize it with both hands. The undemocratic solution is that the two big parties impose their will -- whatever the election results say. They split the five year term in two. Half goes to an EPP politician and remaining half to the Socialist choice. The European Council is the body that makes the choice of WHO -- without a TV camera or without the public being allowed to hear the arguments. The horse-trading would make great television. But such sordid dealings are hardly edifying for honest citizens in 27 democracies, especially in the small countries.

The MEPs vote in a most unusual way. They use paper votes. Normally an electronic voting system is used. It is quicker and efficient. But it also traces the names of voters. This 'secret vote' system was brought in during the Gaullist period because the open voting system then could subject the parliamentarians to unfair pressures. Nowadays it just makes sure that the public does not not how their MEP voted in the corrupt system. However some hundred or so MEPs probably voted for candidates contrary to their party's and the Council's insistence.

This is the system we have had for many years and many elections, the cartel system of the Council in Parliament. De Gaulle has passed away. Many little Napoleons support the system in Council because it suits them to have an oligarchy.

3. Smaller parties, even the Liberal group or the ecologists, not to mention the more vociferous democrats who denounce the system are cut out. They may have people who would show no favouritism and have the most neutrality in becoming the president of the Parliament but they do not have a snowball's chance of attaining the office.

What do they do? The EP has long arranged it that such candidates cannot even speak. The election takes place under 'procedure' that forbids it. So what happens? The week before we had the spectacle of private organisations including the European Voice, an Economist newspaper, organising a hustings. Thus a non-parliamentary private organisation held the only meeting of major importance to Europeans. The Parliament refused to do what democrats view as normal. The three 'candidates' were invited to attend. They did but few other MEPs came. They knew things were already cut and dried by their party chiefs.

It was rather like naughty schoolchildren having a debate when the prefects said they couldn't. One candidate said the role of parliament is to control the executive, by which I believe he meant the Council. (It isn't in a supranational democracy.)

How can the EP control the Council if the Council decides who will control Parliament BEFORE THERE IS AN ELECTION?

I sat next to an American and explained that this was how the largest trading power in the world, far greater than the USA, organized its democracy. It took a newspaper to get a meeting at all.

Mr Buzek is also reported to have congratulated 'President' Schulz several days BEFORE the election took place!

For those who want, they can check what Mr Nirj Deva and Ms Diana Wallis said about the deplorable anti-democratic Council system of Parliament.

The European Parliament has never in all its nearly sixty years ever held a proper Europe-wide election according the the requirements of the treaties of Rome and Paris.

The Council says NO. The Parliament can't even organise itself.