Libertas.org

As snow drifted across the vast hibernating plains of the Ukraine, Europe was once again changed from an unlikely quarter, the ‘maiden’, the city square of Kiev, a city who’s roots stretch back for twelve centuries, where in this winter on the turn of the year, candle bearing villagers and townsfolk found courage to strive into the foreboding night and drive the stake of liberty through the undead corpse of a sinister older order.

The message emanating from that square just might prove to be a forebear to self-preserving elites across the European continent and beyond.  The lesson is that given half a chance, the populace will ultimately inform itself and act.  Those who lack mandate and accountability will no longer define the path of Europe’s destiny, legitimacy of government and accountability.  These must not be ladled out as a pre-cooked, fixed tableau of stifled choices; Europe can no longer be tolerant of the current Brussels model of ‘guided democracy’ from those enlightened few that presume to know better and who plan to rule over us without the inconvenience of submitting to democratic accountability, that fundamental foundation of Europe’s relative stability for half a century.

The sovereign individuals that braved the ‘maiden’ dared to defy all those that presumed to know better where their place lay.  The overt effort to undermine their wish, their dream, their sacred right to grant mandate through the ballot came from the likes of Putin in Moscow and Prodi in Brussels, both presuming to be the voice of Russia and Europe respectively. Clarity of thought and legitimacy of purpose belonged to those holding shreds of orange fabric through freezing nights at the barriers.  The people of the Ukraine spoke.  They decided that they too are Europeans, and something happened that transcended fear and history.  Europe was embraced as an ideal, that spoke not just to those people’s heads but had also won their hearts.  Some years ago when expressing his feelings on the EU, Vaclev Havel said, “Europe speaks to my head but says nothing to my heart.”

On those cold mid winter nights, on the city squares of Ukraine, frost gnawed hands clenched flag staffs of hope, and above their gathering mass, raised the orange banners of Ukrainian freedom alongside the twelve circled stars on blue of Europe—a new symbol of liberty.  And there, through those nights, something new, good and powerful was born.  Those brave hearts, and their leader Yuschenko, committed to bring them to the bosom of the European Union and back to an ancient, historic and spiritual home.

The lesson for Prodi and the un-elected, unaccountable Brussels elite should be clear.  Democracy and accountability are unassailable values that must constantly and permanently be enshrined in any variant of Europe’s continued path of integration.  No deviation, even if considered a ‘temporary’ path, is worth the attendant risk or can be acceptable to an informed democratic society.  This is a message that should be duly considered by those that drafted the European Constitution in its current form and would seek to force it on the people.

This draft constitution is about to be thrust toward the citizens of Europe in a manner which some commentators accurately predicted would be a fog soup of confusion, misrepresentation, obstrufication and false urgency.  It will be marketed in a blitz that, according to some close to the process, is right now being deliberately planned as a short, sharp campaign that will give little notice for debate, review or consideration.  This campaign will provide ‘below the radar’ notices of upcoming referenda on the constitution in a select few European member states.  Such notices will be made at times selected to undermine the ability of any serious consideration or debate to take place. The recent result of the Spanish referendum was a perfect example, exit polls taken showed that approximately ninety percent of those that voted did not know what was contained in the constitution, yet the process of misinformation successfully resulted in the desired yes vote.  The Brussels elite is endeavouring to apply the tried and tested model of divide and conquer, in an effort to create a sense of inevitability in the outcome, to affect turnout and to stifle the voice of dissent.  Though this plan is currently in place (yes boys, you have been found out), there is still a reasonable chance that this ‘short, sharp’ campaign will fall the way of so many of Europe’s previous messianic ‘short, sharp’ campaigns and turn into something more protracted.  In the event that the Elite has temporary success and tricks the citizenry by such means as misnomering the constitution as just another treaty and other such disinformation, they will have set Europe back at least a generation.  The provisions of Giscard d’Estaing’s constitution will soon become apparent and may unfortunately cast a dark shadow over Europe’s new dawn.

Disenfranchisement of the citizenry is never wise.  The fundamental issues that must collapse this version of the constitution before or after its possible adoption are as follows:

1.  Giscard d’Estaing’s constitution will create a President of Europe who is enthroned (and I use that word deliberately), as the ultimate progenitor of all policy.  This President is un-elected and is in no way directly or indirectly accountable to the populace at the ballot box.  The ultimate policy maker and executor for Europe with no mandate whatsoever from the people;

2. There is no mechanism in the constitution to prevent the two un-elected positions of President of the European Council (the most powerful position) and President of the European Commission being rolled up into the same post which invariably would be packaged up as another ‘streamlining’ exercise, creating an omnipotent figure at the head of Europe that will not have asked a single one of us for a vote;

3. The President’s first minister created in the constitution is named within the document alternately as being responsible for foreign affairs and security in some sections of the document—security/defence in others.  People who read know what security and defence mean.  This position, also un-elected and unaccountable, will work side-by-side daily with the un-elected President;

 

4. The President is only required to call four meetings a year of the European Council of government leaders (some of those are not even directly elected).  If this model were applied in business, the Council would, at best, reflect the role of non-executive directors. Clearly and indisputably the President is the Chief Executive of Europe day in, day out;


5. The constitution wields its overarching supremacy by saying that the laws of the union shall have primacy over the laws of the member states – effectively binning the constitutions of Europe’s member states.  Any judge will tell you that when one law has primacy over another, they will not waste their time reading the subordinate document when every appellate process in the European court will have the constitution as its prime reference; and

6. The constitution goes to great length to specify all the areas where Brussels has primacy over the member states. They include, but are not limited to: monetary policy, industry, agriculture, employment policy, energy, fisheries, environment, education, foreign and security policy, defence, justice, research and technology, public health, customs, competition and social policy…leaving barely one facet of the average European’s life ungoverned.  When Giscard’s constitutional salesmen trot out the word ‘subsidiarity’, we will understand that this means member states’ laws will (temporarily at least) still be worth something in the areas not named above, which are only areas of diminished importance.

Do the Brussels elite really think that Ireland’s citizens, Europe’s citizens will readily give their informed support to a European President—a Chief Executive, bearing the power to make, shape and implement policy over every important facet of their lives, including their family’s security, without submitting themselves to the democratic process?  Are they forgetting Ireland’s own sacrifice to rid ourselves of unaccountable imperialists and monarchs?  You members of the Euro elite that read this, be on notice – the people of Europe cannot be kept in the mists for much longer.  This subterfuge cannot, will not stand.  Any European citizen, who takes the time to read even the first thirty-nine pages of this constitution, will know what to do. For anyone wanting an example of how the elite feather their own nests, you’ll find pages 270-273 most interesting. Tax breaks for their furniture cars and much more, it could readily read as an extract from George Orwell’s “Animal Farm.” How dare they think they can imbed these and so many other abusive clauses within the pages of our constitution?  They obviously believe that no one that matters, from their point of view, will read that far.  Anyone considering voting in these referenda owes it to themselves to read at least as far as page 39, and might want to consider the refrain; “If you don’t understand the offer, don’t sign up for the deal.”  A note for those intending to encourage Europeans to vote for this constitution, you might also want to read the document carefully, all four hundred and eighty two pages.  Even if you are selling something as mundane as an insurance policy there are laws that require that you understand what you advocate.  Again, if you really will not read it all, then at least read those first thirty nine pages; then take a look in the mirror and tell yourself you are giving those you seek to influence, the right advice.  For they too may one day come to the ‘maiden’. They too are citizens, not subjects, and Europe belongs to them, not an un-elected elite.

Europe must and will have a constitution.  It will be clear.  It will be accountable and its President will absolutely have to be accountable to all of Europe’s citizens at the ballot box.  Power is vested in the people over the government, not vice versa.  We, in Ireland, fought hard for our right to elect and hold democratically accountable those that exercise power.  This constitution inexorably welds the vast majority of policy and legal power to Brussels.  I am not saying that this is necessarily a bad thing, just so long as the power is accountable to We the People.  In this constitution championed by Giscard d’Estaing, there is no accountability to the people. Let us make sure we send them back to the drawing board with the clear message that they govern at our pleasure and must always seek our mandate.  Ireland and Europe will never again turn the clock back.  We have all had our fill of what can result from unaccountable lords, kings, chancellors and presidents.

This constitution must be written properly.  If it takes one, ten or fifty years to get it right then so be it, but we must never, ever surrender our hard won right to vote for our leaders, especially the person who will seek the role of Europe’s Chief Executive in the personage of the President.