The Bruges Group spearheaded the intellectual battle to win a vote to leave the European Union and, above all, against the emergence of a centralised EU state.

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The Revived EU Constitution Breaches the Justice and Home Affairs Red Line

THE CONSTITUTION - RETURNS

Robert Oulds

The Revived EU Constitution

What a surprise – it is the same as the EU Constitution

Bruges Group says “this is the constitutional treaty in all but name”

As the text of the new treaty to be decided at the IGC Summit this month has become available, no doubt can remain in anybody’s mind that this is the same treaty that was rejected two years ago by the electorates of France and the Netherlands. The Bruges Group has pointed to many aspects of the text that show that those politicians who maintained that the constitution had been saved were right and our own government has been economical with the truth.

“Leaving out references to such matters as the flag or the anthem does not change the main aspect of the treaty,” – said Robert Oulds, the Bruges Group’s Director. – “The American Constitution has no references to flags or national anthems. These are irrelevant matters.

"What is important is the strong lurch towards a centralized, integrated European state. On a matter like this, it is not enough to say that MPs, elected on other issues can make decisions on everybody’s behalf. This is a serious alteration in the country’s constitutional structure and the government must give us the referendum it promised in their 2005 manifesto.

"It is clear that the government is afraid that the people of this country will find out the extent to which power has been handed over to the European Union and the extent to which the British constitutional structure has already been undermined. Nor do they want the people to understand how much the process will be advanced by this treaty.

"The government, the EU and the Europhile establishment are all afraid of the people finding out the truth. If the project of European integration were such a good idea they would want people to vote on it; they would want people to know about it. But they don’t want us to have a vote because they know that the people will turn against the whole idea when they read even parts of this treaty and find out what has been going on behind their backs.”

REFORM TREATY ANALYSIS

The Revived EU Constitution2

Exposing the implications of the renamed EU Constitution

JUSTICE AND HOME AFFAIRS RED LINE BREACHED

The Revived EU Constitution3

Gordon Brown’s Government has watered down the UK’s opt-out on justice & security matters so that it becomes almost meaningless.

Under the terms of the so-called Reform Treaty, the notoriously centralising European Court of Justice (which always agrees with those who favour taking power from the nation-state) will seize more power over Justice and Home Affairs. For purely cosmetic reasons the UK has managed to delay the EU’s takeover of police and judicial cooperation in criminal matters for just 5 years.

After this 5 year period, the UK has a right to opt out from any legislation on that area. However, both the general 5 year transitional period and the UK opt out cover only the legislation in force before the treaty becomes law (which is expected to happen on 1st January 2009). Additionally under Protocol 10 Article 10 (4) the EU by Qualified Majority Vote can force the UK to pay financial penalties for the opt out.

Furthermore, a new article, 4a (2) in the Protocol on the Position of UK and Ireland (in respect of the area of freedom, security and justice) has been added to the Treaty protocol, giving the legal right to the EU Council of Ministers to put pressure on the UK to participate in the EU’s plans to control Britain’s legal system.This will lead to pressure for the UK to surrender more power in the following areas:

    Immigration and frontier controls

    (Loss of any pretence that we control our immigration policy)

    Judicial co-operation in criminal matters

    (Legal harmonisation)

    Minimum rules for the definition of criminal offences and sanctions

    (EU to control criminal law)

    Eurojust (structure, operation, field of action and tasks)

    (EU control over the fight against organised crime)

    Police co-operation (data sharing and training)

    (Britain’s policing to become like policing on the continent)

    Europol (structure, operation, field of action and tasks)

    (EU Police)

    Specialised courts (establishment of specialised first instance courts)

    (The undermining of Britain’s system of Common Law)

    Establishment of integrated management system for external borders

    (EU control of Britain’s borders)

    Mechanism for peer review of member states' implementation of policies in the Justice and Home Affairs (JHA) area

    (Britain’s legal system to become accountable to the EU)

    Measures to promote crime prevention

    (More EU control over policing)

What is more if these powers are handed over there is nothing that our own democratic process can do to overturn those decisions.

Click on the links below to read the renamed EU Constitutional Treaty:

    Preamble - 2 pages
    The Reform Treaty - 152 pages
    Protocols - 76 pages
    Declarations - 25 pages