thread

RULE OF LAW: RINSE & REPEAT

1. So the EU are considering using Article 122 TFEU (Lisbon Treaty) to circumvent Hungary & Poland's veto of the budget & recovery fund.

2. Art. 122 provides for emergency assistance in the event of a disaster. When read it is quite plain that the provision allows the EU to 'cut corners' only in exceptional circumstances, where an emergency calls for swift action, e.g. in assisting with energy supply.

3. Art. 122 refers to 'member state' in the singular & it's overall construction is plain: it's a measure that may be employed where time is of the essence, so the usual procedures can be shortened to assist a member state following a catastrophe such as 'natural disaster'.

4. Most people reading Art. 122 would envisage storm damage, flood damage or perhaps a sudden terrorist act, or war taking out vital infrastructure.

It allows swift assistance in an emergency.

5. The recovery fund was debated & agreed in principle back in July, so it's difficult to see how it is necessary to invoke Art. 122 since the EU have had several months to sort out the formalities.

6. The provision clearly envisages a situation where a single EU member state needs help, quickly.

It's construction does not stretch to the bail out of the entire EU, much less a bail out that's been in the planning for months.

7. So we have a situation where the EU wished to coerce Hungary & Poland into agreeing a Rule of Law provision. The 2 countries refused. And in typical EU style, they now intend to breach the Rule of Law themselves in ignoring their own treaty provisions.

8. Article 125 TFEU prevents a debt union, whereby member states should not take on the debts of another member state(s). Article 126 prohibits excessive deficits (the UK has been on the EU naughty step for this on several occasions).

9. So in essence the EU needs treaty changes to lawfully follow through with the funding it proposes to bail out the South & save the Euro.

10. But as some member states require referenda or constitutional changes to allow the granting of further powers to the EU, the Union has got itself backed into a corner.

11. Asking the electorate of a wealthier member state if they're content to treaty changes to bail out the poorer nations, taking on extra financial burdens to pay for the funding will most certainly result in a negative response.

There lies the rub.

12. And this is why the EU is not a democracy.

They're a bunch of inefficient wide boys, lurching from one financial crisis to another, but unwilling to admit they're both incompetent & corrupt.