Wednesday, 28 January 2009

EU Law Is What The Commission Decide!

Consolidated Version of The Treaty on European Union, page C 115/15, Preamble, 5th paragraph:

Confirming their attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms and of the rule of law (my emphasis)

It would appear that, what has long been thought and Europhiles will not accept, has actually happened. The unelected and unaccountable Commission not only wish to ignore the law, but even are attempting to circumvent the law by wishing to change the definition of the word 'document' and also by 'vetting' documents prior to those documents being placed on the public register.

See the following press release by Statewatch:

Statewatch "wins" complaint against the European Commission over its failure to maintain a proper public register of documents, see:

- European Ombudsman: failure to establish proper register is "maladministration"
- European Parliament: calls on Commission to act on Ombudsman's Decision
- European Commission - the custodian of EU law - refuses to comply
- European Commission reacts by trying to change the definition of a "document"
- Indications the Commission is creating new system to "vet" documents before they are placed on its public register

Tony Bunyan, Statewatch Editor, comments:

"We welcome the decision of the European Ombudsman and the support of the European Parliament in our bid to get the European Commission to fulfil its obligations under EU law to maintain a proper register of its documents.

Access to documents is the life-blood of a democracy. It allows citizens, civil society and parliaments to find out what is being proposed so that they have an informed debate and make their views known before measures are adopted or implemented.

Throughout the 26 months of correspondence the Commission has been utterly intransigent. It says it does not agree with the definition of a "document" as set out in EU law and does not agree that is is obliged to list all documents on its public register as set out in EU law. The European Ombudsman and the European Parliament have called on the Commission to act on its obligations under EU law yet it refuses to do so.

This refusal is compounded by the fact that the Commission is charged under the Treaties with enforcing the implementation of EU law, especially EU Regulations. If the Commission, the custodian of EU law, can simply ignore the law why should not other institutions and agencies covered by the Regulation do the same? The Commission's refusal to act is simply unlawful, they have to be called to account."

Is not this type of 'government' called a dictatorship?

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