ECJ Takeover

ECJ Takeover

ECJ Takeover: Feverish Activity Behind The Scenes

24th February 2006

"The European Parliament", or l'assemblée consultative européenne, as the French more accurately call it, is working furiously (a) to justify a decision of "The European Court of Justice" (ECJ) - which permits the EU to define crimes and set penalties - and (b) to approve the construction of an EU judiciary and police, for enforcing them.

First, by setting up its own enquiry, the assemblée sidelined a parliamentary resolution, by UKIP's Independence and Democracy Group, to oppose the ECJ-decision. Now the results of that enquiry - hailing the ECJ-judgement as a glorious landmark on the road to EU-sovereignty - are appearing.

Gargani's report, for the Legal Affairs Committee, set the uncritical scene (25.1.06) Next come the "opinions" of four other committees, starting (22.2.06) with the one from Jean-Marie Cavada, for the Committee on Civil Liberties, Justice and Internal Affairs, which includes a startling revelation.

"The realisation of the European Project," says Cavada, "entails the creation of a single, judicial area � founded � on the primacy of Community law � conforming to the jurisprudence of the ECJ � and suppressing all penal provisions incompatible with it �

"However," he continues, "even in the absence of unequivocal [to put it mildly] treaty-provisions for interaction, between the EU's Judicial Order and the criminal codes of the nation-states � the ECJ has affirmed that nothing prevents the EU-legislator taking measures relating to the latter �"

"Nothing prevents" it - even though it is not in any treaty elected leaders have signed!

Cavada goes on to "re-affirm � the urgent need to proceed with � the process of absorbing judicial and police-coöperation into the competence of the EU �" - and then comes the startling news - "the Committee," he enthuses, "welcomes the initiative, taken by the Appeal Courts of the member-states, to form a network for tackling problems linked to the activities of the EU, notably, the existence [which is coming about] side-by-side, of European, and national, criminal penalties."

Of course, it is nonsense to claim that "the Appeal Courts of the member-states" could have taken such a decision. However, that such a decision has been taken - by the Lord Chancellor, for example - seems undeniable, much as it may surprise many among the judiciary themselves!

Cavada concludes by "considering that the European legislator should limit [he actually means "extend"] criminal penalties to the [general] protection of the rights and liberties of citizens" - as defined, and subject to cancellation, by the EU, that is.

William Newton Dunn MEP, speaking in the Committee (22.2.06) was gladdened by Cavada's "Opinion" and looked forward eagerly to the advent of "federal criminal law and police". Well, people did vote to join the Common Market - and for Bill Dunn �

Press Release (no embargo)

from Derek Clark MEP (UKIP) (0032/0) 473 622 454 [email protected]

Independence and Democracy Group (0032/0) 228 47469

"European Parliament", Wiertzstraat 60, 1047 Brussel, België