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ESM,  the new European dictator!

article by Rudo de Ruijter
video by Jozeph Muntenbergh

Link to YouTube http://www.youtube.com/watch?v=rxMOW94V6xQ

   Click here, if you want to read the transcript once more

Are the EU and the euro in crisis? What must we do? What can we do? The EU is planning a new fundamental law, the Treaty for the establishment of the so called European Stability Mechanism. (ESM), the Debt Union. The draft for the ESM is now to be examined by the representatives in Parliament.

Art. 8 The founding capital is 700 billion euros.

I wonder, why, in fact, 700 billions? Where does this amount come from? Who has calculated it and on which basis?

Art. 9.3 ESM Members hereby irrevocably and unconditionally undertake to pay on demand any capital call made on them ... to be paid within 7 days of receipt.

I wonder, nothing. I have understood. When the ESM calls, then things must go fast. Indeed, seven days, that means that with the usual delays in bank transfers we must fill in the check within four days. That is feasible. Just, maybe, what means unconditional and irrevocable? When a new parliament is elected that would not want these fund transfers anymore? They can’t decide that anymore?

Art. 10.1 The Board of Governors may decide to change the authorised capital stock and amend Article 8 .... accordingly.

I wonder, how so? The 700 billion are just the start? So, the ESM can demand more when they wish. Illimitably. And we are then obliged to pay -according to article 9 - irrevocably and unconditionally?

Art. 27.2 The ESM shall have full legal capacity to be a party to legal proceedings; and
Art. 27.3 The ESM, its property, funding and assets shall enjoy immunity from every form of judicial process...

I wonder, the ESM can indict others, but not be indicted themselves?

Art. 27.4 The property, funding and assets of the ESM shall be immune from search, requisition, confiscation, expropriation or any other form of seizure, taking or foreclosure by executive, judicial, administrative or legislative action.

I wonder, immune from interventions by courts? We already mentioned that just before. But also our governments, our administrations and our democratic laws, are all without any right and might against the ESM? It is really very mighty, this ESM!

Art. 30.1 the Governors, alternate Governors, Directors, alternate Directors and other staff members shall be immune from legal proceedings with respect to their acts and shall enjoy inviolability in respect of their official papers and documents.

I wonder, and those who participate in there is inviolable? No responsibility? Towards nobody? And, inviolable documents, does that mean that we are not allowed to damage them, or that we are not even allowed to read them?

A new authority

• to which we must transfer illimited funds within seven days, whenever they want us to;
• the authority can indict us, we can’t indict them;
• all participants enjoy immunity;
• no laws apply;
• no government can do anything;
• the European state households are made subservient to one institution that has not even been elected;

Is that the future of Europe? Is that the new EU? A Europe without souvereign democracies? Do you want that?

If you don’t want that, send an email-petition to your representatives now.

For Germany via Abgeordneten-Check.de

[ End of transcript ]

The treaty becomes definite when the parliaments of the 17 euro-countries will have ratified the ESM-treaty. They are expected to do so between now and 31 December 2011.

 

What is this aberration?

That was my first reaction when I saw this video. This is not possible. An organization that can empty the state’s coffers, just like that? We live in a democratic country, don’t we? To be sure, I searched for the official texts.

TREATY ESTABLISHING THE EUROPEAN STABILITYMECHANISM (ESM)
http://consilium.europa.eu/media/1216793/esm%20treaty%20en.pdf (Text has been removed.)

Copy : ESM-treaty as of 11 July 2011 The treaty will be slightly modified!

The articles mentioned in the video are easy to find (from page 19). As for the rest of the treaty, I have not been able to find anything that would limit this dictatorial power in any way! I am still shaking!

But how is this possible within the framework of the treaties of the European Union? For this constitutes an illegal extension of the competences of the Union! Searching further I find out a number of decisions have been taken discretely and quickly to make this ESM “possible”.

I am certain that if politicians in our country wanted to create a club, that would have the freedom to empty the coffers of the State when it wants and as often as it wants, they would not succeed in obtaining the needed changes in the law, not even in twenty years! But Brussels’ bureaucracy succeeds in adapting the treaties at high speed to commit this coup d’état in 17 countries simultaneously!!!

The Brussels sprint

On 17 December 2010 the European Council decided there was a need for a permanent stability mechanism to take over the tasks of the Financial Stabilization Mechanism (EFSM) and the European Financial Stability Facility (EFSF). These are two rapidly erected organizations, respectively in May and June 2010, to supply loans to countries with too many debts. However, these organizations lack a legal basis.

Let us already note here that these organizations were explicitly conceived for financial interventions, while the amendment in the treaty that allows the establishment of the ESM, also allows setting up organizations for quite other fields of action.

This amendment arrived on March 25 2011. To avoid having to organize referendums in Europe once more, they used article 48.6 of the Treaty of the European Union, which allows the European Council to decide changes in the articles of the treaty, under condition they don’t constitute an extension of the competences of the EU. (Those decisions have to be ratified by the national parliaments, but that is generally a formality.) The amendment consisted of an innocent looking addition to a paragraph of article 136 (TFEU). In short, this addition stipulated that “the countries using the euro were allowed to establish a stability mechanism to safeguard the stability of the euro zone as a whole”. Expressed this way, it does not deal exclusively with financial stability. Surveillance of vigilant citizens, oppression of protests, , or the fight against any other destabilizing element in the euro-zone, can, via this amendment, be conferred to new organizations under EU-flag.

In other words, this amendment surely constitutes an extension of the competences of the EU. Thus, it violates article 48.6 of the Treaty of the European Union. Nevertheless, no Minister and no national Parliament were bothered by this and in Brussels they happily and promptly continued to draw up the ESM treaty.

On 20 June 2011 the national Parliaments authorized that the tasks of the ESM treaty would be executed by the EU and the European Central Bank.

(Photo not for commercial use)

On 11 July 2011 the treaty was signed. Although the signature was made public later that day, directly at the opening of a press conference with dozens of journalists (photo above), the next day there was not a single headline in the newspapers (not nationally, nor internationally) about the signature of this new European Treaty. Could it be caused Juncker announced it in French... before continuing the conference in English?

At the moment the ESM treaty awaits ratification by the national Parliaments of the euro-zone countries. The ratifications are expected between today and 31 December 2011.

The treaty isn’t in force yet and already they speak about the necessity to raise the capital from 700 billion euros (that is 2,100 euros per euro zone citizen) to 1500 or 2000 billions.

According to its text, the treaty enters into force in June 2013. Now they want to change that into 2012.

Logically they will ask the national Parliaments to hurry with the ratification. In Germany, the subject is already being debated. Apparently they had to hurry because more and more Germans are waking up!

If we want to use the last democratic straw to avoid this dictatorship, we must urgently wake up as many citizens as we can and send as many emails and letters to our Parliamentarians, politicians and political parties. Waiting around to see if others succeed will be catastrophic.

If you have contacts abroad, send them information too. In most of the euro-countries nothing or almost nothing is known on this subject. Of course it doesn’t help that the only text of the treaty that Brussels made available on the internet until now is in English. That is fine for the Irish, but 98.7% of the eurozoners speak other languages! No, don’t tell me they did that on purpose!

Once a dictator is seated on his throne, you can’t evict him for 30 years! Do we want that for our children?

Pictures for the posterity

Photo session of the persons who, one day, will be asked why they put an end to the sovereign democracies in Europe.

Link to the 30 pictures: http://consilium.europa.eu/council/photographic-library.aspx?command=PIC&pic=1&bid=170&lang=en&rubrique=3736&dateEvent=11/07/2011&id=&picid={60bec2d5-00c7-43eb-8822-7970df493f13} This link does not work anymore or arrives on an empty Brussels' page. Less than 24 hours after the publication of this article the photos have been removed. I had counted on that. So you can now find them here below. P.S. After two weeks the photos have been placed back on the Brussel's web page again. So you can use the link above again. Thanks Brussels!

  (Note: Pictures not for commercial use.)

As of July 2011 the Ministers of Finance of the eurozone were:

Maria Theresia Fekter, Federal Finance Minister of Austria
Didier J.L. Reynders, Minister of Finance of Belgium
Kikis Kazamias, Minister of Finance of Cyprus
Jürgen Ligi, Minister of Finance of Estonia
Jutta Pauliina Urpilainen, Minister of Finance of Finland
François Baroin, Minister of Finance of France
Wolfgang Schäuble, Federal Minister of Finance of Germany
Evangelos Venizelos, Deputy Prime Minister and Minister of Finance of Greece
Michael Noonan, Minister of Finance of Ireland
Giulio Tremonti, Minister of Finance of Italy
Luc Frieden, Minister of Finance of Luxemburg
Tonio Fenech, Minister of Finance, Economy and Investment of Malta
Jan Cornelis "Jan Kees" de Jager, Minister of Finance of the Netherlands
Vítor Gaspar, Minister of Finance of Portugal
Ivan Mikloš, Minister of Finance of Slovakia
Franc Križanič, Minister of Finance of Slovenia
Elena Salgado Méndez, Minister of Economy and Finance of Spain

Only seventeen EU-countries of the EU become member of the ESM treaty, if they ratify it. The countries that have promised to introduce the euro in the future have no say in the treaty, but will have to become part of it and accept its rules as soon as they start using the euro. EU-countries that have had the intelligence to stay out of the euro, don't become members and have no say in this treaty either.

The 17 EU-countries that use the euro in 2011 are: Austria,  Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain.

States outside the EU that use the euro as their official currency, have not been invited to ratify the ESM treaty. They are Andorra, Kosovo, Monaco, Montenegro, San Marino and Vatican City.

What most people still don't know, is that the European Central Bank is owned by the central banks of the member countries and that all these central banks are privately ruled institutions, which enjoy complete independence from their respective governments. Likewise, the ECB enjoys complete independence too. Curious? Read "Secrets of money, interest and inflation"

29 September 2011

MORE DETAILED EXPLANATIONS IN "ESM, A COUP DÉTAT IN 17 COUNTRIES"

 

Update 6 February 2012

As was the case for the first version of the ESM-treaty of 11 July 2011, the press has apparently decided that the public should not be informed about the new version of this treaty signed 2 February 2012.

Treaty on the Establishment of the European Stability Mechanism (ESM)

 http://www.european-council.europa.eu/eurozone-governance/esm-treaty-signature

A big difference with the first version is that the signatories oblige themselves to pay, but in order to get a loan when they ask for it, they must also sign another treaty, that is not ready yet, the TREATY ON STABILITY, COORDINATION AND GOVERNANCE IN THE ECONOMIC AND MONETARY UNION.

http://www.european-council.europa.eu/media/579087/treaty.pdf

This associated treaty will transfer many more powers to Brussels.

The ESM treaty must still be ratified by the national parliaments before taking effect on 1 July 2012, if the countries representing at least 90% of the shares have ratified it by then. As the press keeps silent on this treaty, it will be difficult to have public debates on the usefulness and consequences of the ESM, like the transfer of parliamentarian and ministerial powers to the ESM.

english:

http://www.european-council.europa.eu/media/582311/05-tesm2.en12.pdf  (if unavailable, here a copy)

          short video: http://www.youtube.com/watch?v=rxMOW94V6xQ

spanish:

http://www.european-council.europa.eu/media/582869/01-tesm2.es12.pdf   (if unavailable, here a copy)

          short video: http://www.youtube.com/watch?v=A9zrxk9N4e4

german:

http://www.european-council.europa.eu/media/582866/02-tesm2.de12.pdf  (if unavailable, here a copy)

          Short video: http://www.youtube.com/watch?v=d6JKlbbvcu0

estonian:

http://www.european-council.europa.eu/media/582876/03-tesm2.et12.pdf  (if unavailable, here a copy)

greek:

http://www.european-council.europa.eu/media/582879/04-tesm2.el12.pdf  (if unavailable, here a copy)

french:

http://www.european-council.europa.eu/media/582863/06-tesm2.fr12.pdf  (if unavailable, here a copy)

           short video: http://www.youtube.com/watch?v=rFTbIGahzhU

irish:

http://www.european-council.europa.eu/media/582886/07-tesm2.ga12.pdf  (if unavailable, here a copy)

italian:

http://www.european-council.europa.eu/media/582889/08-tesm2.it12.pdf  (if unavailable, here a copy)

          short video: http://www.youtube.com/watch?v=D0YM-2r8mcA

maltese:

http://www.european-council.europa.eu/media/582892/09-tesm2.mt12.pdf  (if unavailable, here a copy)

dutch:

http://www.european-council.europa.eu/media/582895/10-tesm2.nl12.pdf  (if unavailable, here a copy)

          Short video: http://www.youtube.com/watch?v=1GaH2MqXfxM

portuguese:

http://www.european-council.europa.eu/media/582898/11-tesm2.pt12.pdf  (if unavailable, here a copy)

           Short video:   http://www.youtube.com/watch?v=EIHC34exwZ4

slovak:

http://www.european-council.europa.eu/media/582901/12-tesm2.sk12.pdf  (if unavailable, here a copy)

slovenian:

http://www.european-council.europa.eu/media/582908/13-tesm2.sl12.pdf  (if unavailable, here a copy)

finnish:

http://www.european-council.europa.eu/media/582911/14-tesm2.fi12.pdf  (if unavailable, here a copy)

swedish:

http://www.european-council.europa.eu/media/582914/15-tesm2.sv12.pdf  (if unavailable, here a copy)

          Short video: http://www.youtube.com/watch?v=myzgAHVBg_s

bulgarian, short video: http://www.youtube.com/watch?v=0RbVSPIFsI8

russian, short video: http://www.youtube.com/watch?v=G50-slShDKs

 

For comparison you can find a copy of the initial ESM treaty here: xx_ESM-treaty_11_July_2011.pdf

 

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