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Archive for July, 2015

EU MEMBERSHIP – IMPLICATIONS of – 25-Apr-1967 CAB129Legal

Posted by Greg Lance - Watkins (Greg_L-W) on 25/07/2015

EU MEMBERSHIP, Implications of – 25-Apr-1967 CAB129Legal.

Posted by:
Greg Lance – Watkins

eMail: Greg_L-W@BTconnect.com

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EU MEMBERSHIP – IMPLICATIONS of – 25-Apr-1967 – CAB129Legal

(c) crown copyright Catalogue Reference: CAB/129/129 Image Reference: 0012
(THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY‘S GOVERNMENT) C(67) 62 COPY”NO. 0
25th A p r i l , 1967 CABINET LEGAL AND CONSTITUTIONAL IMPLICATIONS OF UNITED KINGDOM MEMBERSHIP OF THE EUROPEAN COMMUNITY

Memorandum by the Law Officers As requested by the Cabinet (CC(67) 21st Conclusions , Minute 3), we have considered the Report by officials attached to E (66) 7, and have the following comments on the legal and constitutional implications discussed there in.

Implementation of the Treaties
2. The preparation and passing of the Acts implementing the Treaties would be a major legislative operation.
We would be faced with the task of unravelling the categories of Community law which have direct internal effect and which would require to be incorporated into the law of th e United Kingdom.
There would also be need to amend a considerable body of our existing Acts .
But these are problems which could be overcome.

Sovereignty of Parliament
3. British constitutional doctrine is that Parliament is sovereign and that no Parliament can preclude its successors from changing the law.
It is, however, implicit in acceptance of the Treaties that the United Kingdom will not only accept existing Community law, but also will refrain from enacting future legislation inconsistent with Community law.
This requirement thus detracts from Parliamentary sovereignty Such a restraint on our legislative system would not, however, be unprecedented.
Our legislation often takes account of Treaty obligations (for example, the Charter of the United Nations, North Atlantic Treaty Organisation, the General Agreement on Tariffs and Trade, the Ottawa Agreements of 1932), which restrict our future legislative freedom.
Further, several Acts of Parliament have reduced for all time vast territorial areas of our sovereignty (the various Acts of Independence granted to India, etc.).
However, the continuing incidence of future Community legislation would be without precedent and would presentus with continuing legislative and constitutional problems.
Not only would Parliament have to refrain from enacting future legislation inconsistent with Community law, but future Community law would have to be accepted as binding on us .
The United Kingdom Parliament could pass legislation enacting that Community law should prevail over United Kingdom law if any conflict arose but there is in theory no constitutional means available to us to make it certain that no future Parliament would enact legislation in conflict with Community law.
In our opinion, if Parliament did in future enact such legislation expressly contradicting Community law, the Courts would apply that legislation, despite its repugnance to Community law.
However, we think that this theoretical possibility could, in practice, arise on a matter of importance affecting the Community, only in political conditions in which the United Kingdom had in any case decided to break with the Community.
The risk of inadvertent contradiction between future United Kingdom and Community law will not be great.
After we join the Community, we shall be taking part in the preparation and enactment of all future Community law.
Our participation would thus enable us to reduce the likelihood of incompatibility between the Community law and our domestic law.

Character of the Community Law
4. Community law has little direct effect on the ordinary life of private citizens, their rights and obligations.
By far the greater part of our domestic law will remain unchanged.
Nothing in the Treaties touches our criminal law, matrimonial law, law of inheritance, land law, the law of tort, or negligence, or contract (save inrelation to restrictive practices), the relations of landlord and tenant, housing or town and country planning.
Direct taxation would not be affected.
Nor is there any reason to expect the creation of future Community law in these fields, for the power of the Community to create new law is limited to the purposes set out in the Treaties which cannot be enlarged except by unanimous agreement.
The main impact of Community law would be in the realms of trade, customs, restrictive practices and immigration.
It would also affect the operation of the iron and coal industries.

Courts
5. We understand that there would undoubtedly be a British Judge (and perhaps a British Advocate General) at the European Court! we regard this as an important safeguard.
We agree that it would be quite possible to assimilate Community law and rulings of the European Court in to our own systems.
We consider that the United Kingdom Courts would be likely to refuse to hold that Parliament had by implication repealed or amended any part of Community law.
But if Parliament were to pass an Act expressly derogating from Community law, we consider that the United Kingdom Courts would regard themselves as bound to give effect to the Act even though this involved a breach of the Treaties.

Safeguards for the Protection of Individuals
6. We regard it as important that there is a right of appeal to the European Court, which we believe to be a Court of high standards, from Community decisions which affectindividuals and corporate bodies.
We consider that the various powers of the Commission to authorise its inspectors to enter premises, inspect books and interrogate persons is acceptable, provided that such powers are not normally exercised in this country without an order made by a United Kingdom Court.

International Relations
7. The requirements under the Treaties would restrict our independence of action in future international dealings, and would, broadly speaking, have the effect of transferring to Community institutions our power of concluding treaties on tariff and commercial matters.
We consider that this would be an inevitable and acceptable consequence of our acceding to the Treaties.
As a matter of international law, we would have no right to withdraw from the Treaties unless there was a fundamental change in circumstances (e.g. if one of the member States were over–run by a foreign power).
We regard this as somewhat academic; if for any reason, the United Kingdom decided to withdraw, and an Act of Parliament were passed for this purpose, we find it difficult to imagine that our Courts would not give effect to it.
Withdrawal from the Treaties would certainly be an immensely complex operation.

F.E.J.
G.S.
D.F.H.
S.W.
The Law Officers 1 Department, W.C.2 ..
25th April, 1967 SECRET

Secret as this document may have been it is clear that Enoch Powell in his speech in the House of Commons debate on 25-Feb-1970 CLICK HERE had deduced and laid out the facts for the British peoples prior to the Referendum on the ratification of The Treaty of Rome!

It is clear with hindsight that the Government of the day, together with their EC allies set out to use FUD (Fear, Uncertainty & Doubt) to oppose those who wished to Leave_The_EU, or more accurately did not wiash to ratify the Treaty, playing largely on the lack of leadership of the NO Vote, their underfunding and the fact they were beset by squabbling and the egos of a few small minded individuals who, with hindsight, can be seen to have cost Britain and the peoples of Britain their liberty, independence and sovereignty through a so called democratic proces which was riddled with corruption.

Sadly, with the benefit of that hind sight we can see the same sad situation mapping out once again in the lead up to the promised referendum of 2017!

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Regards,

Greg_L-W..

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Posted by: Greg Lance-Watkins
tel: 44 (0)1594 – 528 337
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Stolen Trust with links:
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NB:
I NEVER post anonymously on the internet
ALL MY BLOGS & WEB SITES are clearly sourced to me
I do NOT use an obfuscated eMail address to hide behind
I do NOT use or bother reading FaceBook
I DO have a Voice Mail Message System
I ONLY GUARANTEE to answer identifiable eMails
I ONLY GUARANTEE to phone back UK Land Line Messages
I do NOT accept phone calls from witheld numbers
I Regret due to BT in this area I have a rubbish Broadband connection
I AM opposed to British membership of The EU
I AM opposed to Welsh, Scottish or English Independence
I am NOT a WARMIST
I do NOT believe the IPCC Climate Propaganda re Anthropogenic Global Warming
I AM strongly opposed to the subsidy or use of failed technology eg. WIND TURBINES
I AM IN FAVOUR of rapid research & development of NEW NUCLEAR technology
I see no evidence to trust POLITICIANS at any level or of any persuasion
I do NOT believe in GODS singular or plural, Bronze Age or Modern
I value the NHS as a HEALTH SERVICE NOT a Lifestyle support
I believe in a DEATH PENALTY for violent rape, mass or for pleasure murder , child abuse etc.
I do NOT trust or believe in armed police
I believe in EUTHENASIA under clearly defined & legal terms

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Five President’s Report To Strengthen EU Economic & Monetary Union 01-Jul-2015

Posted by Greg Lance - Watkins (Greg_L-W) on 01/07/2015

Five President’s Report To Strengthen EU Economic & Monetary Union 01-Jul-2015

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Posted by:
Greg Lance – Watkins

eMail: Greg_L-W@BTconnect.com

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Five President’s Report

To Strengthen EU Economic & Monetary Union

01-Jul-2015

Press Release & Full Text

European Commission – Press release

Five Presidents’ Report sets out plan for strengthening Europe’s Economic and Monetary Union as of 1 July 2015

Brussels, 22 June 2015

Today, the five Presidents – European Commission President Jean-Claude Juncker, together with the President of the Euro Summit, Donald Tusk, the President of the Eurogroup, Jeroen Dijsselbloem, the President of the European Central Bank, Mario Draghi, and the President of the European Parliament, Martin Schulz – have revealed ambitious plans on how to deepen the Economic and Monetary Union (EMU) as of 1 July 2015 and how to complete it by latest 2025. To turn their vision for the future of EMU into reality, they put forward concrete measures to be implemented during three Stages: while some of the actions need to be frontloaded already in the coming years, such as introducing a European Deposit Insurance Scheme, others go further as regards sharing of sovereignty among the Member States that have the euro as their currency, such as creating a future euro area treasury. This is part of the Five Presidents’ vision according to which the focus needs to move beyond rules to institutions in order to guarantee a rock-solid and transparent architecture of EMU. Delivering a Deeper and Fairer Economic and Monetary Union has been one of the top 10 priorities of President Juncker in his Political Guidelines.

President Juncker said: “The euro is a currency shared by 19 EU Member States and more than 330 million citizens. It is something to be proud of. It is something that protects Europe. But it is also something that can work better. Our Economic and Monetary Union remains incomplete and I promised when taking office that I would work to consolidate and complement the unprecedented measures we took during the crisis and make them more socially fair and democratically legitimate. Today we, five Presidents, are setting out our common vision. The world is watching us and they want to know where we are going. Today we lay out monetary integration and bring it to its ultimate destination.”

Valdis Dombrovskis, Vice-President for the Euro and Social Dialogue, said: “The Economic and Monetary Union has been strengthened in recent years, not least in the light of the financial and economic crisis. Yet it remains incomplete. Today’s report suggests how it can be further strengthened, in stages, over the coming years. We stand ready to bring forward the specific proposals needed to turn this ambitious, yet pragmatic vision into reality. A complete EMU is however not an end itself. It is a means to contribute to more growth, jobs and prosperity for all citizens, now and in the future.” 

Despite the progress made in the past few years, particularly with the launch of the Banking Union, EMU remains incomplete. Divergence across the euro area is significant and the crisis of recent years has further highlighted existing shortcomings. It is clear that with 18 million unemployed and many within our societies exposed to risks of social exclusion, a lot more needs to be done to turn the euro area – the world’s second largest economy – into a rock-solid architecture. We need a lasting, fair and democratically legitimate basis for the future which contributes to more growth, jobs and prosperity for all citizens.

The Report sets out three different stages for turning the vision of the Five Presidents into reality (see Annex 1):

–         Stage 1 or “Deepening by Doing” (1 July 2015 – 30 June 2017): using existing instruments and the current Treaties to boost competitiveness and structural convergence, achieving responsible fiscal policies at national and euro area level, completing the Financial Union and enhancing democratic accountability.

–         Stage 2, or “completing EMU”: more far-reaching actions will be launched to make the convergence process more binding, through for example a set of commonly agreed benchmarks for convergence which would be of legal nature, as well as a euro area treasury.

–         Final Stage (at the latest by 2025): once all the steps are fully in place, a deep and genuine EMU would provide a stable and prosperous place for all citizens of the EU Member States that share the single currency, attractive for other EU Member States to join if they are ready to do so.

To prepare the transition from Stage 1 to Stage 2, the Commission will present a White Paper in spring 2017 outlining the next steps needed, including legal measures to complete EMU in Stage 2. This follows the model of the Jacques Delors White Paper of 1985 which – through a series of measures and a timetable attached to them – paved the way to the Single European Act, the legal basis of the Single Market project.  

What’s in the Five Presidents’ Report concretely?

1. Towards an Economic Union of convergence, growth and jobs

This Union should rest on four pillars: the creation of a euro area system of Competitiveness Authorities; a strengthened implementation of the Macroeconomic Imbalance Procedure; a greater focus on employment and social performance; and on stronger coordination of economic policies within a revamped European Semester (see Annex 2). This should be put in place in the short run (Stage 1), on the basis of practical steps and the Community method. In the medium term (Stage 2), the convergence process should be made more binding through a set of common high-level standards that would be defined in EU legislation.

Competitiveness Authorities

The aim of the Competitiveness Authorities should not be to harmonise practices and institutions in charge of wage formation across borders. Those processes vary widely within the EU and rightly reflect national preferences and legal traditions.

Based on a common template, each Member State should decide the exact set-up of its national Competitiveness Authority, but they should be democratically accountable and operationally independent. National actors, such as social partners, should continue to play their role according to the established practices in each Member State, but they should use the opinions of the Authorities as guidance during wage setting negotiations. Some Member States, like the Netherlands and Belgium, already have such authorities.

2. Towards Financial Union

Economic and Financial Union are complementary and mutually reinforcing. Progress on these two fronts must be a top priority in Stage 1. As the vast majority of money is bank deposits, money can only be truly single if confidence in the safety of bank deposits is the same irrespective of the Member State in which a bank operates. This requires single bank supervision, single bank resolution and single deposit insurance. We already have achieved the goal of single bank supervision. A Single Resolution Mechanism has been agreed with a Single Resolution Fund (which will become operational on 1 January 2016). As a next step, the five Presidents propose the launching of a European Deposit Insurance Scheme (EDIS) under Stage 1 which could be set up as a re-insurance system at the European level for the national deposit guarantee schemes.

3. Towards Fiscal Union

Unsustainable fiscal policies not only endanger price stability in the Union, they also harm financial stability. In the short run (Stage 1), the five Presidents propose the creation of an advisory European Fiscal Board which would coordinate and complement already existing national fiscal councils (see Annex 3). It would provide an independent analysis, at European level, of how budgets perform against the economic objectives set out in the EU fiscal governance framework. In the longer term (Stage 2), a common macroeconomic stabilisation function should be set up to better deal with shocks that cannot be managed at the national level alone. It would improve the cushioning of large macroeconomic shocks and make EMU more resilient. Such a stabilisation function could build on the European Fund for Strategic Investments as a first step, by identifying a pool of financing sources and investment projects specific to the euro area, to be tapped into.

4. Strengthening Democratic Accountability, Legitimacy and Institutions: From Rules to Institutions

Greater responsibility and integration at EU and euro area level means more interdependence. It also means better sharing of new powers and greater transparency about who decides what and when. It’s time to review and consolidate our political construct: the Report proposes greater parliamentary involvement and control – at national and European level especially when it comes to the Country Specific Recommendations, the National Reform Programmes and the Annual Growth Survey. In the short term (Stage 1), EMU needs a unified external representation – as outlined in the Political Guidelines of President Juncker. Today, the EU and the euro area, are still not represented as one in the international financial institutions, notably the IMF. A fragmented voice means the EU is punching below its political and economic weight. The Five Presidents also propose strengthening the role of the Eurogroup. In the short run, this may require a reinforcement of its presidency and the means at its disposal. In the longer run (Stage 2), a full-time presidency of the Eurogroup could be considered.

Finally, while euro area Member States will continue to decide on taxation and the allocation of budgetary expenditures along national political choices, some decisions will increasingly need to be made collectively while ensuring democratic accountability and legitimacy. A future euro area treasury could be the place for such collective decision-making.

5. The Social dimension of EMU

One of the main lessons learned from the crisis is that a “triple-A EMU” must combine competitive economies that are able to innovate and succeed in an increasingly globalised world, with a high level of social cohesion. As President Juncker said in the European Parliament upon his election as Commission President: “I want Europe to be dedicated to being triple-A on social issues, as much as it is to being triple A in the financial and economic sense.” This means in particular that labour markets and welfare systems need to function well and be sustainable in all euro area Member States. Better labour market and social performance, as well as social cohesion should be at the core of the new process of “upward convergence” put forward in this report.

Next Steps: This report has put forward the principal steps necessary to complete EMU at the latest by 2025. The first initiatives should be launched by the EU institutions as of 1 July 2015. To prepare the transition between Stages 1 and 2, the Commission – in consultation with the Presidents of the other EU institutions – will present a “White Paper” in Spring 2017, assessing progress made in Stage 1 and outlining next steps needed. It will discuss the legal, economic and political preconditions of the more far-reaching measures necessary to complete EMU in Stage 2, and will draw on analytical input from an expert consultation group. Translating the Five Presidents’ report into laws and institutions should begin without delay.

Background

The Euro Summit of October 2014 underlined the fact that “closer coordination of economic policies is essential to ensure the smooth functioning of the Economic and Monetary Union”. It called for work to continue to “develop concrete mechanisms for stronger economic policy coordination, convergence and solidarity” and “to prepare next steps on better economic governance in the euro area”.

This report has benefitted from intense discussion with Member States and civil society. It builds on the report “Towards a Genuine Economic and Monetary Union” (the so-called “Four Presidents’ Report”) and on the Commission’s “Blueprint for a Deep and Genuine EMU” of 2012, which remain essential references for completing EMU.

It reflects the personal deliberations and discussions of the five Presidents. It focuses on the euro area, as countries that share a currency face specific common challenges, interests and responsibilities. The process towards a deeper EMU is nonetheless open to all EU Members.

To view the original of this article CLICK HERE

 

For more information:

The Five Presidents’ Report.

CLICK HERE

 

Regards,

Greg_L-W.

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Posted by: Greg Lance-Watkins
tel: 44 (0)1594 – 528 337
Calls from ‘Number Withheld’ phones Are Blocked

All unanswered messages are recorded.
Leave a UK land line number & I will return your call.

‘e’Mail Address: Greg_L-W@BTconnect.com

Accuracy & Copyright Statement: CLICK HERE

Summary, archive, facts & comments on UKIP: http://UKIP-vs-EUkip.com
DO MAKE USE of LINKS,
>SEARCH<
&
>Side Bars<
&
The Top Bar >PAGES<Also:

Details & Links: http://GregLanceWatkins.com

UKIP Its ASSOCIATES & DETAILS: CLICK HERE
Views I respect & almost Totally Share: CLICK HERE
General ‘Stuff’: http://GL-W.com
http://Leave-The-EU.com
Documents, Essays & Treaties: https://GLWdocuments.wordpress.com/
The Hamlet of Stroat: http://Stroat-Gloucestershire.com
The Study of a Wind Turbine Application: CLICK HERE
Health Blog.: http://GregLW.com
Chepstow Chat: http://ChepstowChat.wordpress.com/
Christopher Storey: http://ChristopherStory.wordpress.com/
Des Watkins DFC: http://DesWatkins.wordpress.com/
Hollie Greig etc.: http://HollieGreigetc.wordpress.com/
Psycheocraphy: http://Psycheocracy.wordpress.com/
The McCann Case: http://TheMcCannCase.wordpress.com/
The Speculative Society of Edinburgh: http://SSOE.wordpress.com/
Stolen Kids, Dunblane: http://StolenKids-Dunblane.blogspot.com/
Stolen Kids, Bloggers: http://stolenkids-bloggers.blogspot.co.uk/

Skype: GregL-W

TWITTER: @Greg_LW

Stolen Kids Blogs with links:
http://StolenKids-Bloggers.Blogspot.com
Stolen Oyster with links:
http://StolenOyster-Bloggers.Blogspot.com
Stolen Trust with links:
http://StolenTrust-Bloggers.Blogspot.com
Stolen Childhood with links:
http://StolenChildhood-Bloggers.Blogspot.com
NB:
  • I NEVER post anonymously on the internet
  • ALL MY BLOGS & WEB SITES are clearly sourced to me
  • I do NOT use an obfuscated eMail address to hide behind
  • I do NOT use or bother reading FaceBook
  • I DO have a Voice Mail Message System
  • I ONLY GUARANTEE to answer identifiable eMails
  • I ONLY GUARANTEE to phone back identifiable UK Land Line Messages
  • I do NOT accept phone calls from witheld numbers
  • I Regret due to BT in this area I have a rubbish Broadband connection
  • I AM opposed to British membership of The EU
  • I AM opposed to Welsh, Scottish or English Independence within an interdependent UK
  • I am NOT a WARMIST
  • I do NOT believe the IPCC Climate Propaganda re Anthropogenic Global Warming
  • I AM strongly opposed to the subsidy or use of failed technologies eg. WIND TURBINES
  • I AM IN FAVOUR of rapid research & development of NEW NUCLEAR technologies
  • I see no evidence to trust POLITICIANS at any level or of any persuasion
  • I do NOT believe in GODS singular or plural, Bronze Age or Modern
  • I value the NHS as a HEALTH SERVICE NOT a Lifestyle support
  • I believe in a DEATH PENALTY for serial or GBH rape.
  • I believe in a DEATH PENALTY for serial, terrorist, mass or for pleasure murder.
  • I believe in a DEATH PENALTY for serial gross child abuse including sexual.
  • I do NOT trust or believe in armed police
  • I believe in EUTHENASIA under clearly defined & legal terms

Please Be Sure To
.Follow Greg_LW on Twitter.

Re-TWEET my Twitterings

& Publicise My Blogs
To Spread The Facts World Wide
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