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Re: the European Constitution
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Pierre-Marie Baty
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Default Re: the European Constitution - 27-05-2005

Argument n°4:
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A Constitution must be a NEUTRAL text.


Which means that one must not find in it the SLIGHTEST political reference NEITHER to right-wing policies NOR to left-wing ones. Turn your TV on. What do you see ? Liberals publicly claiming : "Look ! We must vote yes because capitalism is WRITTEN in the Constitution !", and socialists who also claim : "Look ! We must vote yes because this text contains SOCIAL ADVANTAGES !"

And the worst of it is that it's true.

You wanna know the contents of that text ?

It all starts by the usual enumeration of the inalienable rights of man and of the citizen, all men are born free and equal, blah blah blah, while remaining very vague : no new institution, no new structure is defined. Normal. Nothing unexpected, it's usual, pleasant and well tied. One could nearly say humanist. Although we will note two partisan appearances in such a republican text.

First thing : an explicit reference to a market economy "where concurrency is FREE and UNDISTORTED" as the only possible means to exchange goods and services between beings. THIS IS NOT A DETAIL ! It means that it will be from now on useless to think about alternatives, for they would automatically become anticonstitutional (exit the world social forum, socialism : free and undistorted concurrency and the market economy are WRITTEN in the FIRST PART of our Constitution. Think well about it.)

Second thing : private property and CAPITAL become an "inviolable right" of the human person (at the same level as dignity and liberty, for example). This being the pending of the previous reference, we do with one shot two strikes : exit communism, proudhonism, anarchism. They become anticonstitutionnal.

Finally, in the second and third part, we are told about the institutions. Generally, in a Constitution, that's in this part that are described the balances between the three powers (executive, legislative and justice) and their respective counter-powers. Here, the three European powers are those we know already, but their means of action are finally explained, and this in a very simple way :

Everything to the executive.

The INITIATIVE of the laws, their APPLICATION, and the initiative of LEGAL ACTION are EXCLUSIVELY GIVEN... not even to the Parliament, no. Not even to people you elect. They go ALL to the COUNCIL OF MINISTERS and to the EUROPEAN COMMISSION.

Not only the powers are NOT separated (a typical feature of a dictatorship!) but furthermore they go to the ONLY European politicians that you DO NOT ELECT ! An effectively :
- the Parliament does NOT have the initiative of the laws (READ THAT AGAIN SLOWLY !!!)
- the Parliament has almost NO means to control the executive
- the Parliament CANNOT oppose the Council of Ministers
- the famous "popular initiative right" only has a CONSULTATIVE role (and thus not committive)
- all that the Parliament can do is voting the budget !!! (and in all that is already... the only improvement in the text.)

THREE QUARTERS of this Constitution (on a tad more than 400 articles) define a policy. Actually, the whole third part (the one meanwhile, that citizens are told to ignore because it is "so complicated!"). I WILL NOT LET ANYBODY SAY THAT THIS CONSTITUTION IS NOT ULTRA LIBERAL.

All the public services must be subject to the laws of concurrency.

Temporary state help to a company in difficulty is forbidden.

Freedom of establishment is written in the Constitution. Which means that a low-paid East European will be able to come to our country and do his business, while benefacting of the laws and (low) social regime of his original homeland, and rich western investors will be able to go and plunder Poland and the rest of the newcomers while still benefacting of the laws and social protection of a rich Western capitalist country.

The Central Bank of Europa has ONE goal : fight against the inflation of prices. Like any national central bank, it should also be allowed to sustain the economic growth and the employment, but here it will be FORBIDDEN because ANTICONSTITUTIONNAL.

And to finish, the North Atlantic Treaty Organization (NATO) becomes the "elaboration and implementation boundaries" of the European Defence. But NATO, that's also... the United States of America. This text gives POWER to the United States of America over the military policy of the European Union ! We grant a FOREIGN POWER the responsibility to warrant our OWN DEFENCE ! That will be WRITTEN IN OUR CONSTITUTION !

This text is not only PARTISAN, it is complètely IRRESPONSIBLE.









If you've come to read down here, now you know what I will vote and why. In any way, even if the no wins, the game will be far from being won. On the contrary. I already say it and now I repeat myself: GREAT things will happen in this century. Europeans, if that rant made you think, pass it forth. If you have a contrary opinion, develop your argumentation and PASS IT FORTH TOO. We need a CONTINENTAL DEBATE and so far there is NONE. >



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