LisbonTrojan

The Lisbon Treaty - a Trojan Horse

by Dr. Titine Kriesi and Gisbert Otto, Switzerland

In its ruling of 30 June 2009 on the Lisbon Treaty, the highest German court refers to the structural democracy deficit of the Treaty, and adds that Germany should not be allowed to surrender its sovereignty. At the same time, the judges contradict themselves, because they say that such a relinquishment is not included in the Lisbon Treaty. Actually a new constitution will be established when the Lisbon Treaty comes into force – this, however, will be contrary to the German Basic Law (Grundgesetz, GG). The German people would have to be asked their consent, because a new constitution can only come into force by resolution of the German people (Article. 146 GG). Considering these deficiencies, the German Federal Constitutional Court had ascertained that a refusal of the Lisbon Treaty would have been the only consequence. Unfortunately, the court lacked the necessary independence to oppose the political project “EU” in its present unconstitutional form – regardless of the dreadful consequences: In the Lisbon Treaty, the EU even attributes itself a right to war! One of the few personages, who is independent enough and feels obliged to point to the true contents of the Lisbon Treaty with its devastating consequences for the citizens' daily lives, is the expert for constitutional law Professor Karl-Albrecht Schachtschneider. He justifies a refusal of the Lisbon Treaty, which the Federal Constitutional Court should have expressed, on the grounds of right and truth. Some of the most important points of criticism are presented below.

The Lisbon Treaty will extend the undemocratic and antisocial conditions already prevailing within the EU. In the present treaty, the nation states transfer nearly all their rights to the EU. The almost 500 million citizens nearly lose all their possibilities to realize a democratic structure. The EU will intervene in all areas of the citizens' lives. The gap between the poor and the rich will widen. This development is in contradiction to Article 1 of the German Basic Law (GG), which declares the dignity of man as sacrosanct and binds Germany to the human rights. >>>>>>>>>>>

Fundamentally adverse to democracy

It is embodied in the GG that a constitution can only be democratically legitimized by the people: “ All state authority is derived from the people .” (Article 20, Paragraph 2, sentence 1 GG) and: “ This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect. ” (Article 146 GG). Therefore only a “European people” could legitimize the current constitution – however a “European people” does not exist. An “EU state” would thus require the consent of the people of Europe.

Only the citizens have the right to decide whether and to which extent they would like to transfer state authority to the EU. In contradiction to the GG, a popular vote on Lisbon was avoided, because the government only knows too well that the majority of the citizens would vote against the Treaty. However, not to ask the people, contradicts with the irreversibility clause of Article 79, Paragraph 3 GG: “Amendments to this Basic Law affecting the division of the Federation into Länder, their participation on principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.” However, the political elites intentionally ignore this fundamental principle. They try to mislead the citizens. By various manipulations of the public opinion, they want to implement their political aims. A discussion neither in the public nor in the parliaments are to take place. The German Basic Law – as a constitution for humanity – opposes these aspirations for power, for example by Article 1 GG “Human dignity shall be inviolable.” and by Article 20 GG (constitutional principles). These articles are rightfully withdrawn from any political manipulation, in order to do justice to the dignity of man and to realize a good life for all in general freedom on the basis of truth.

Without democracy a state based on the rule of law cannot exist

The planned undemocratic integration of the states into the EU would mean a step back into the period before the French revolution for the peoples. Fundamental principles of the constitutional state are ruined. They include above all the separation of power, which ensures the protection of the citizens from its abuse. The fact that this legal protection almost gets lost by the Lisbon Treaty is irresponsible. Especially in the economic sector, the effects will be even more catastrophic than they are now. For example, the Lisbon Treaty includes the European Union Charter of Fundamental Rights. In this Charter the “right to work” – as it is put down in the 1948 Universal Declaration of Human Rights – is cancelled. Likewise the human right “to just and favorable remuneration” ensuring for the worker and his family “an existence worthy of human dignity” is dropped. On the other hand, for the first time in the history of fundamental rights, “freedom to conduct a business” is laid down in the EU Charter of Fundamental Rights.

Concealed plenitude of EU power

Originally, it was intended that the EU may only then become active if it were expressly authorized to do so –the so-called “principle of conferral”. Contrary to the ruling of the Federal Constitutional Court this principle is violated by extremely extended authorizations of the EU to act without participation of the national parliaments. Thus, the Lisbon Treaty assists the EU in pushing through its aims.

The EU is even legitimized to raise EU taxes at her own discretion. By decision of the European Council, the EU is also authorized to change the entire treaty in whole or in part, "in simplified revision procedures" (except for foreign and security policy). The Lisbon Treaty is thus becoming an Enabling Act. That is, in fact the EU's final farewell to fundamental constitutional principles, which are the basis of the European culture. This deception of the people – with far-reaching and deep effects on their daily lives – must be reveiled.

Uncontrolled capitalism is granted constitutional rank

The EU is a region of global capitalism. Basis of the capital principle are the five fundamental “freedoms” (free movement of goods; free movement of capital; free movement of services; free movement of establishment as well as free movement of workers). These “freedoms” are interpreted in an extremely far-reaching way in the Lisbon Treaty. This system of the “open market economy with free competition”, in which the social aspects are considered subordinate, will determine our living conditions.

However, the welfare state principle is embodied in Germany's economic order, according to which not only efficiency criteria, but also social aspects are to determine economic life: Therefore, economy may only claim a serving function within the community. Contrary to that, a complete reversal of this principle takes place in the Lisbon Treaty. The freedom of competition is nothing but liberalism at the expense of social aspects, which allows present exploitative working conditions. What today's nearly 8 million people on the dole in Germany have to put up with is a shame. The neo-liberal economic conditions of the markets and the competition permit no effective national employment policy and lead to the tyranny of a raging capitalism.

Country-of-origin principle ruins national economy

An extreme example of merciless competition is the country-of-origin principle, which affects domestic economy in an extremely unfavorable way. This principle permits foreign companies to work in Germany on conditions, which are valid in their home country. For example, a Polish company with Polish and Ukrainian workers can accomplish orders and pay wages, which are far below German wages. Besides wages, the otherwise valid terms of the country of origin are the legal basis for the work (e.g. quality standards, guarantee obligations). The merciless competition introduced thereby threatens mainly medium-sized enterprises and at the same time also the corporate co-determination in Germany. More and more businesses will have to give up, but also transnational companies are affected, as for example food companies, which involve the risk of offering low quality foods at low prices, in order to obtain a higher market share.

Protection of fundamental rights is weakened

With the Lisbon Treaty, the EU Charter of Fundamental Rights will become legally binding. In this Charter, however, no social liability of capital is set – e.g. property should also serve the common weal –, a deficit which is in stark contrast to the GG. Even a right to work – according to Article 23 of the Universal Declaration of Human Rights a basic human right – is lacking.

EU attributes itself a right to war

To a large extent, the member states lose their defense sovereignty by integration of their armed forces into the common EU defense. Moreover, the Lisbon Treaty obliges the EU member states not only to upgrade their armament, but attributes itself in Article 43, Paragraph 1 EUV a right to war, particularly to war on terrorism around the world and within the country. As a result, the ban on preparations for war of aggression –laid down in the GG in Article 26, paragraph 1 – is superseded.

Hold on to democracy

The current democratic structures of today's nations are the only protection against the plans of intellectually dishonest decision makers, who willingly bow to international capital and dominant power constellations. Unfortunately, we live in an age, where the right is constantly superseded. Extenuations, if not lies, are on the agenda. For example, the deployment of German soldiers in Afghanistan does not mean military intervention – the government claims – although quite the opposite is true. Such lies must be uncovered. Likewise the power politics, which have been used to establish the Lisbon Treaty, and by which democracy is to be abolished, must be unveiled.

The peoples of Europe want something completely different. They have the right to live in a true democracy in peace and freedom as sovereign citizens.