Trying to understand the EU question.......

[Malcolm Robinson]

First job get to know what it is we are supposed to be making a decision on.......

 

Thought I might as well copy and paste the stuff I'm looking at.......

 

 

In 1951, the Treaty of Paris was signed, creating the European Coal and Steel Community (ECSC). The Treaty of Paris was an international treaty based on international law, designed to help reconstruct the economies of the European continent, prevent war in Europe and ensure a lasting peace.

The original idea was conceived by Jean Monnet, a senior French civil servant and it was announced by Robert Schuman, the French Foreign Minister, in a declaration on 9 May 1950. The aim was to pool Franco-West German coal and steel production, as these two raw materials were the basis of the industry (including war industry) and power of the two countries. The proposed plan was that Franco-West German coal and steel production would be placed under a common High Authority within the framework of an organisation that would be open for participation to other European countries. The underlying political objective of the European Coal and Steel Community was to strengthen Franco-German cooperation and banish the possibility of war.

The Spaak Report[3] drawn up by the Spaak Committee provided the basis for further progress and was accepted at the Venice Conference (29 and 30 May 1956) where the decision was taken to organise an Intergovernmental Conference. The report formed the cornerstone of the Intergovernmental Conference on the Common Market and Euratom at Val Duchesse in 1956.

The conference led to the signature, on 25 March 1957, of the Treaty establishing the European Economic Community and the Euratom Treaty at the Palazzo dei Conservatori on Capitoline Hill in Rome.
The Treaty of Rome, the original full name of which was the Treaty establishing the European Economic Community has been amended by successive treaties significantly changing its content. The 1992 Treaty of Maastricht established the European Union with the EEC becoming one of its three pillars, the European Community. Hence, the treaty was renamed the Treaty establishing the European Community (TEC).

When the Treaty of Lisbon came into force in 2009 the pillar system was abandoned, and hence the EC ceased to exist as a legal entity separate from the EU. This led to the treaty being amended and renamed as the Treaty on the Functioning of the European Union (TFEU).[10]

In March 2011 the European Council adopted a decision to amend the Treaty by the adding a new paragraph to Article 136. The additional paragraph, which enables the establishment of a financial stability mechanism for the Eurozone, runs as follows:

The Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area as a whole. The granting of any required financial assistance under the mechanism will be made subject to strict conditionality.

Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1958 as the Treaty establishing the European Economic Community), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first signed. The consolidated version of the two core treaties is regularly published by the European Commission.

The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU forms the basis of EU law, by setting out general principles of the EU's purpose, the governance of its central institutions (such as the Commission, Parliament, and Council), as well as the rules on external, foreign and security policy.

While the current version of the TEU entered into force in 2009, following the Treaty of Lisbon (2007), the older form of the same document was implemented by the Treaty of Maastricht (1992).

Set out into 6 main parts:

Title I: Common Provisions.

The first deals with common provisions. Article 1 establishes the European Union on the basis of the European Community and lays out the legal value of the treaties. Article 2 states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities." The member states share a "society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail".

Article 3 then states the aims of the EU in six points. The first is simply to promote peace, European values and its citizens' well-being. The second relates to free movement with external border controls are in place. Point 3 deals with the internal market. Point 4 establishes the euro. Point 5 states the EU shall promote its values, contribute to eradicating poverty, observe human rights and respect the charter of the United Nations. The final sixth point states that the EU shall pursue these objectives by "appropriate means" according with its competences given in the treaties.

Article 4 relates to member states' sovereignty and obligations. Article 5 sets out the principles of conferral, subsidiarity and proportionality with respect to the limits of its powers. Article 6 binds the EU to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. Article 7 deals with the suspension of a member state and article 8 deals with establishing close relations with neighbouring states.

Title II: Provisions on democratic principles.

Article 9 establishes the equality of national citizens and citizenship of the European Union. Article 10 declares that the EU is founded in representative democracy and that decisions must be taken as closely as possible to citizens. It makes reference to European political parties and how citizens are represented: directly in the Parliament and by their governments in the Council and European Council – accountable to national parliaments. Article 11 establishes government transparency, declares that broad consultations must be made and introduces provision for a petition where at least 1 million citizens may petition the Commission to legislate on a matter. Article 12 gives national parliaments limited involvement in the legislative process.

Title III: Provisions on the institutions.

Article 13 establishes the institutions in the following order and under the following names: the European Parliament, the European Council, the Council, the European Commission, and the Court of Justice of the European Union, the European Central Bank and the Court of Auditors. It obliges co-operation between these and limits their competencies to the powers within the treaties.

Article 14 deals with the workings of Parliament and its election, article 15 with the European Council and its president, article 16 with the Council and its configurations and article 17 with the Commission and its appointment. Article 18 establishes the High Representative of the Union for Foreign Affairs and Security Policy and article 19 establishes the Court of Justice.

Title IV: Provisions on enhanced cooperation.

Title 4 has only one article which allows a limited number of member states to co-operate within the EU if others are blocking integration in that field.

Title V: General provisions on the Union's external action.

Chapter 1 of this title includes articles 21 and 22. Article 21 deals with the principles that outline EU foreign policy; including compliance with the UN charter, promoting global trade, humanitarian support and global governance. Article 22 gives the European Council, acting unanimously, control over defining the EU's foreign policy.

Chapter 2 is further divided into sections. The first, common provisions, details the guidelines and functioning of the EU's foreign policy, including establishment of the European External Action Service and member state's responsibilities. Section 2, articles 42 to 46, deal with military cooperation (including mutual defence).

On 17 November 2015 France called other member states for military assistance, on the basis of the Article 42.[2] This was the first time the article had ever been applied and all of the member states were reported to respond in agreement (ibid). However at least one member state (Finland) made a conclusion that due to conflicting national law, military assistance was excluded.[3]

Title VI: Final provisions.

Article 47 establishes a legal personality for the EU. Article 48 deals with the method of treaty amendment; specifically the ordinary and simplified revision procedures. Article 49 deals with applications to join the EU and article 50 with withdrawal. Article 51 deals with the protocols attached to the treaties and article 52 with the geographic application of the treaty. Article 53 states the treaty is in force for an unlimited period, article 54 deals with ratification and 55 with the different language versions of the treaties.

The Treaty on the Functioning of the European Union (2007) is another one of two primary Treaties of the European Union, alongside the Treaty on European Union (TEU), see above. Originating as the Treaty of Rome, the TFEU forms the detailed basis of EU law, by setting out the scope of the EU's authority to legislate and the principles of law in those areas where EU law operates.

The TFEU originated as the treaty establishing the European Economic Community (the EEC treaty), signed in Rome on 25 March 1957. On 7 February 1992, the Maastricht treaty, which led to the formation of the European Union, saw the EEC Treaty renamed as the Treaty establishing the European Community (TEC) and renumbered. The Maastricht reforms also saw the creation of the European Union's three pillar structure, of which the European Community was the major constituent part.

Following the 2005 referenda, which saw the failed attempt at launching a European Constitution, on 13 December 2007 the Lisbon treaty was signed. This saw the 'TEC' renamed as the Treaty on the Functioning of the European Union (TFEU) and, once again, renumbered. The Lisbon reforms resulted in the merging of the three pillars into the reformed European Union.

The TFEU is split into seven parts:

Part 1, Principles.

In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that the EU shall respect the status of religious, philosophical and non-confessional organisations under national law.[1]

Part 2, Non-discrimination and citizenship of the Union.

The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the EU will "combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation". Articles 20 to 24 establishes EU citizenship and accords rights to it; to free movement, consular protection from other states, vote and stand in local and European elections, right to petition Parliament and the European Ombudsman and to contact and receive a reply from EU institutions in their own language. Article 25 requires the Commission to report on the implementation of these rights every three years.[1]

Part 3, Union policies and internal actions.

Part 3 is the largest in the TFEU. Articles 26 to 197 concern the substantive policies and actions of the EU.

Title I: Internal market

Title II: Free movement of goods

Including the customs union

Title III: Agriculture and Fisheries

 Common Agricultural Policy and Common Fisheries Policy

Title IV: Free movement of workers, services and capital

Free movement of people, services and capital

Title V: Area of freedom, justice and security

Including police and justice co-operation.

Title VI: Transport.

Title VII: Common Rules on Competition, Taxation and Approximation of Laws.

European Union competition law, taxation and harmonisation of regulations (note Article 101 and Article 102)

Title VII: Economic and monetary policy.

Articles 119 to 144 concern economic and monetary policy, including articles on the euro.

Titles IX to XV: Employment, social and consumer policy.

Main articles: European labour law and European consumer law

Title IX concerns employment policy, under articles 145-150. Title X concerns social policy, and with reference to the European Social Charter 1961 and the Community Charter of the Fundamental Social Rights of Workers 1989. This gives rise to the weight of European labour law.

Title XI establishes the European Social Fund under articles 162-164. Title XII, articles 165 and 166 concern education, vocational training, youth and sport policies. Title XIII concerns culture, in article 167. Title XIV allows measures for public health, under article 168. Title XV empowers the EU to act for consumer protection, in article 169.

Titles XVI to XXIV Networks, industry, environment, energy, other.

Title XVI, articles 170-172 empower action to develop and integrate Trans-European Networks. Title XVII, article 173, regards the EU's industrial policy, to promote industry. Title XVIII, articles 174 to 178 concern economic, social and territorial cohesion (reducing disparities in development). Title XIX concerns research and development and space policy, under which the European Research Area and European Space Policy are developed.

Title XX concerns the increasingly important environmental policy, allowing action under articles 191 to 193. Title XXI, article 194, establishes the Energy policy of the European Union.

Title XXII, article 195 is tourism. Title XXIII, article 197 is civil protection. Title XXIV, article 197 is administrative co-operation.

Part 4, Association of the overseas countries and territories.

Part 4, in articles 198 to 204, deals with association of overseas territories. Article 198 sets the objective of association as promoting the economic and social development of those associated territories as listed in annex 2. The following articles elaborate on the form of association such as customs duties.[1]

Part 5, External action by the Union.

Part 5, in articles 205 to 222, deals with EU foreign policy. Article 205 states that external actions must be in accordance with the principles laid out in Chapter 1 Title 5 of the Treaty on European Union. Article 206 and 207 establish the common commercial (external trade) policy of the EU. Articles 208 to 214 deal with cooperation on development and humanitarian aid for third countries. Article 215 deals with sanctions while articles 216 to 219 deal with procedures for establishing international treaties with third countries. Article 220 instructs the High Representative and Commission to engage in appropriate cooperation with other international organisations and article 221 establishes the EU delegations. Article 222, the Solidarity clause states that members shall come to the aid of a fellow member who is subject to a terrorist attack, natural disaster or man-made disaster. This includes the use of military force.[1]

Part 6, Institutional and financial provisions.

Part 6, in articles 223 to 334, elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of legislative acts and procedures of the EU. Articles 300 to 309 establish the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank. Articles 310 to 325 outline the EU budget. Finally, articles 326 to 334 establishes provision for enhanced co-operation.[1]

Part 7, General and final provisions.

Part 7, in articles 335 to 358, deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this is enacted by a protocol attached to the treaties), immunities and the effect on treaties signed before 1958 or the date of accession.

 

So basically up to date………………..

 

Clear????????   No wonder lawyers and barristers follow this institution around with so many complex legal terms they must be making fortunes arguing points against each other!!!!

[threegee]

You can sum that up in one word: post-democracy.  And, all the above is designed to make the EU as obscure as possible, so that even those who try to understand what is going on simply give up, and delegate the whole thing to the elites, who - it almost goes without saying - are ...ahem...  always looking after our best interests and not their own.

They were able to get this far by stealth, downright lies, and salami-slicing at our democracy.  But, the main strategy is exploiting the generation gap by presenting their post-democracy to newer generations as the status quo; desirable, and inevitable.  Older folk know a Europe without the EU, and it was a Europe that was heading toward a genuinely competitive cooperation and friendship with EFTA, and under the NATO security umbrella.  A Europe that had learned that one nation should not be permitted to dominate, and that we should keep out of each other's politics.  We had no desire to replicate the top-down diktat driven Soviet Union, but this is exactly where we are now arriving at by stealth.

EFTA is still there, due to the tenacity of level-headed Europeans who and still waiting for us to rejoin, and once again lead it as a genuine free trade area, not a politically driven cartel pandering to international corporations, and depressing wages by moving people around to remove the bargaining power of local peoples.  The elites won't even mention EFTA, because they want no alternative to their post-democracy ever considered.  When you mention EFTA they laugh and say it is small beer and doesn't suit a nation with so large an economy as ours (the 5th largest in the world), but the very same people will denigrate that large economy when you suggest we can once again stand on our own feet in the world. All paths lead to the EU, and the solution to an obviously failing EU is more EU - just like the solution to the failing Soviet Union was always one more push to reach nirvana.

Like the Soviet Union the EU will collapse under the weight of its own economic and political drag, but likely not before a lot of blood has been shed.  If we are dumb enough to stay in, then, at best it will be an entirely wasted generation until a generation comes along that has more sense than this one.  A clean break now will not only be good for us, but it will be good for the rest of Europe, as it will set the example they desperately need. That's not something I just made up, I can see this first hand where I live, and believe me when I say they've had quite enough of the EU too!

[Malcolm Robinson]

The real problem I have GGG is that I can see and have seen EU diktats which actually benefit us here.  

 

No sure we would have them, if left to our home grown 'masters'.