Wednesday 22 September 2010

Be afraid...

Not unexpectedly, the goal of setting up a European Public Prosecutor, allowed under the Lisbon Treaty, is gathering pace:
The Belgian presidency is stepping up plans to establish an EU-wide public prosecutor in charge of protecting the bloc's financial interests and unifying procedures for gathering criminal evidence, despite reluctance from some member states, notably the UK.
The UK has an opt-in via the Justice and Home Affairs Opt-In Protocol and also a veto:
Under the Lisbon Treaty, an EU public prosecutor's office "may be established from Eurojust," but only if all member states agree.
but (my emphasis):
The idea is not universally popular among the 27 member states. Mr De Clerck admitted that there was "still a lot of reluctance" on this issue in some national quarters, with the UK being "the most vocal." A major objection is that the prosecutor may override national investigators or even order them to start an inquiry.
Rightly so. Unfortunately the 'UK being vocal' is normally the first step in acceptance of EU wishes as per my golden rules:
...experience teaches us, that what really happens with a so-called eurosceptic Tory party is:
  1. Britain claims proposals are unacceptable.
  2. Britain attends negotiations isolated, and so a row ensues.
  3. Behind the scenes lots of horse-trading happens.
  4. Neville Chamberlain David Cameron will emerge waving a white piece of paper exclaiming that they have secured the best deal for Britain.
  5. It later emerges that far more was given away than won.
  6. Said opt-outs will erode over time, especially now EU law is supreme and thus they will leak like a sieve.
  7. Britain will, as a result, be integrated further into the EU supranational state.
And this is precisely what will happen here. My Tory MP when I wrote to him would not categorically rule out opting-in. And the EPP is also a classic example of the so-called Lisbon Treaty 'red lines' leaking like a sieve.

Even if the UK veto's the establishment of a EPP, the Lisbon Treaty still allows for one under enhanced co-operation (Article 280), where if at least nine Member States wish to continue with establishing a EPP they are able to do so. Whilst Britain would largely be protected by its opt-in, this would not apply to legislation such as the controversial European Arrest Warrant and now the EIO. So UK citizens could still be forced to face prosecution in another EU member state - without asking the permission of the UK Government or the Director of Public Prosecutions and without prima facie evidence.

Given the abuses of the Arrest Warrant and that the EIO has yet to take its final form, protection of UK citizens from abuses by the state is on a rapidly accelerating downward trajectory.

Be very afraid...

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