Sunday 15 August 2010

EU: the enemy over the water is always busy

It's easy to forget about the EU, to let life continue on its course, without concerning yourself on what our mortal enemies are plotting in Brussels, and what their operatives, embedded at the very top of the political power structure in our country, are scheming to implement.

But when you do turn your attention to the EU, the dark majesty can mesmerise you, dumb-struck and staring at a pyroclastic flow of red-hot, suffocating regulation, rushing towards you. 'Harmonisation' the harpies screech overhead, the last thing you hear and then - silence. The Anglo-saxon culture destroyed, drowned in dust, the Bismarckian State has triumphed.

Such are my thoughts when I follow a thread from this Commission action plan, wondering what Framework Decision 2008/913/JHA on racism and xenophobia meant. Here we find:

Article 1

Offences concerning racism and xenophobia

1. Each Member State shall take the measures necessary to ensure that the following intentional conduct is punishable:

(a) publicly inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin;

(b) the commission of an act referred to in point (a) by public dissemination or distribution of tracts, pictures or other material;

(c) publicly condoning, denying or grossly trivialising crimes of genocide, crimes against humanity and war crimes as defined in Articles 6, 7 and 8 of the Statute of the International Criminal Court, directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin when the conduct is carried out in a manner likely to incite to violence or hatred against such a group or a member of such a group;

(d) publicly condoning, denying or grossly trivialising the crimes defined in Article 6 of the Charter of the International Military Tribunal appended to the London Agreement of 8 August 1945, directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin when the conduct is carried out in a manner likely to incite to violence or hatred against such a group or a member of such a group.

2. For the purpose of paragraph 1, Member States may choose to punish only conduct which is either carried out in a manner likely to disturb public order or which is threatening, abusive or insulting...

A balance is struck with these two articles. The second one gives dispensation to include a qualifying hurdle, that the act of racism or xenophobia - howsoever defined - must disturb public order etc. The presence or absence for such a requirement makes a world of difference. If the point is to harmonise laws across the provinces (the erstwhile member states), this seems to negate it, but only seems. In reality such grey areas provide avenues for further regulatory expansion.

How much longer must we tolerate national unsovereignty? EU membership is a curse, it's like being swallowed by an enormous slow-moving, cold-blooded creature. Our feet went in; the people grumbled. Our legs went down; the people gesticulated. Now we're up to our necks - ALAS!

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