Reform Respect and upholding the rule of law

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27 Sep 2014 5:49 PM by ads Star rating. 4050 posts Send private message

On 10th September 2014 in a Mission letter from John Claude Junker (President-elect of the European Commission) to Vera Jourova, the European Commissioner designate for Justice/ Consumers/ Gender Equality (to be confirmed at the beginning of November following a plenary vote), John Claude Junker wrote the following:

http://ec.europa.eu/about/juncker-commission/docs/jourova_en.pdf

………Reform means change. I want us all to show that we are open to change and ready to adapt to it.

 

……..The EU needs to consistently respect and uphold the rule of law and fundamental rights. This is also an area

where we need to be sensitive to the diversity of constitutional and cultural traditions in the 28 Member

States. A strong EU justice and consumer policy can build bridges between national legal systems and

be a key part of reaping the full benefits of the Single Market, cutting red tape and facilitating cross-

border business. A sound and predictable justice system is also a prerequisite for economic growth and a business friendly environment.

 

So now we need to see how this statement will be put into practice, especially taking into account the outgoing EU Vice President  (EU Justice Commissioner) Viviane Reding’s statement and framework to safeguard the Rule of Law in the European Union back in March 2014 (http://europa.eu/rapid/press-release_SPEECH-14-228_en.htm) in which she wrote the following:

 

Mutual trust among EU Member States and their respective legal systems is the foundation of the Union. The way the rule of law is implemented at national level plays a key role in this respect. The confidence of all EU citizens and national authorities in the functioning of the rule of law is particularly vital for the further development of the EU into "an area of freedom, security and justice without internal frontiers". This confidence will only be built and maintained if the rule of law is observed in all Member States.

 

…“procedures have not always been appropriate in ensuring an effective and timely response to threats to the rule of law

….“Those principles include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law

 

Mention was also made to the Fundamental Rights Agency

http://fra.europa.eu/en who have stated

….“Respect for fundamental rights and the rule of law are crucial if our democracies are to flourish,” said FRA Director Morten Kjaerum “

 

…..“If we commit to a robust framework for fundamental right that strengthens and empowers independent democratic bodies, we will be sending a strong signal to citizens that they can trust us to serve and protect them from violations of their rights.

 

and at a recent International Ombudsman conference (http://ioi-europe2014.eu/conference-programme/ )  the following was being discussed:

 

Existence of ombudsman`s institution in a concrete country is considered to be one of the proofs that the country obeys the principle of rule of law. This is even a pre-requisite for candidate countries to accede the EU.

 

Note the following:

Ms Emily O’REILLY, European Ombudsman

Contact Form http://www.ombudsman.europa.eu/shortcuts/contacts.faces

 

Are these agencies and contacts useful to you, Maria (and Keith), with regard to ensuring the rule of law and citizen's rights are safeguarded in Spain?

Hope this helps!





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28 Sep 2014 2:41 PM by Mickyfinn Star rating in Spain and France. 1840 posts Send private message

I have read this entire EU clap trap before. Forgive me for being a tad cynical for that cynicism has been developed over many years being involved in EU policy aims.

It all sounds wonderful on paper. There they sit in their ivory towers writing directives, stating wonderful policy aims, making mood music and actually believing it makes a difference.

Then there’s life in the real world within the EU states, which will carry on as normal. Laws and directives are ignored by almost everyone. Member states do exactly as they wish and such mush coming out of Junker’s office will not alter or change that one jot.

Here is an example. The Stability and Growth Pact (SGP) is an agreement, among the 28 Member states of the European Union, to facilitate and maintain the stability of the Economic and Monetary Union. It was supposed to be the basis of the Euros stability. No member state would be allowed more than a government deficit (3% of GDP) and debt of 60% of GDP. It’s been largely and convienently ignored by most members states with the noted exception of Finland. Does any state suffer sanction? The answer is no.

I could name a dozen more. Britain largely ignores the human rights act when it suits, Spain won’t regulate its housing market properly, improve its judicial systems to EU standards or deal with its corrupt officials. France continues to allow its farmers to do as they please whilst sucking up massive subsidies from the CAP. Not to mention the Italians and their phantom olive farmers.

The EU is a bit like religions and doctors. The priests tell us how we should live our lives; the doctors tell us what we should be doing to stay healthy. Then everyone goes away to do just as they please.

EU 'reform' means business as usual. They move the furniture around and change the pictures on the walls and the name plates on the doors and carry on as before.

 

 

 

 

 



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



Like 3      
28 Sep 2014 5:22 PM by Tadd1966 Star rating in Los Montesinos. 1755 posts Send private message

Mickyfinn

your summary is sad but very true

Until we (the people) stop listening to the claptrap of nationalism and devolution it will remain the same

We would be better, stronger if we worked together as a single entitiy yes a federal states of Europe with a single economic policy, joint fair and transparent working on everything from farming to banking.

More emphasis on the people rather than the fat cats and greedy, selfish politicians etc.

A single EU state parliament in one place

No more me, me, me

 



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



Like 3      
29 Sep 2014 9:32 AM by Woodbug Star rating. 371 posts Send private message

We hear all this rubbish every few months and nothing changes. Even after 28 years EU VAT/IVA is not standardised throughout Europe and it's a case grab what you can, where you can as the 'temporary rules' that have been in place for this period are not clear. The Construction Eurocodes have taken 39 years to create - but each country that can't comply can introduce its own annexes so it means nothing. Every time we hit an EU obstacle we consulted the UK minister concerned and was always told "There is nothing we can do - it's not an EU issue, its the local country laws and we can't interfere with them" The EU is just a honeypot  for the idle rich to feed their bank accounts from.





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