By Gerald Warner Politics Last updated: December 19th, 2009 The first blow has been struck against the encroaching tyranny of the European Union and it is a significant one. In fact, one member state has defiantly drawn a line in the sand and signalled that it will not tolerate erosion of its sovereignty. Although it attracted little attention when it was published last month, now that commentators have had an opportunity to analyse Sentenza N. 311 by the Italian Constitutional Court, its monumental significance in rolling back the Lisbon Treaty is now being appreciated. (Hat tip, as they say, to Dr Piero Tozzi.) The Constitutional Court ruled baldly that, where rulings by the European Court of Human Rights (ECHR) conflict with provisions of the Italian Constitution, such decrees “lack legitimacy”. In other words, they will not be enforced in Italy. Although this judgement related to issues concerning the civil service, the universal interpretation is that the ECHR’s aggressive ruling in Lautsi v Italy, seeking to ban crucifixes from Italian classrooms, shortly before, was what concentrated the minds of the judges in the Italian Supreme Court. In fact, sources close to the Italian judiciary have informally briefed that the decision was a warning that activist rulings by the ECHR “will not be given deference”. The juridical principle at issue here is nothing less than national sovereignty. Where an alien court has the right to overrule a national constitution, sovereignty has de facto ceased to exist. Citizens may go to the polls at a general election to elect an administration, but the “government” they choose will be no more than a municipal council. This, of course, was always the intention of the Lisbon Treaty and its supporters. Europhile politicians and commentators in Britain, after the ratification of the Lisbon Treaty and the ratting by the Vichy Tories on their promise of a referendum, were masochistically resigned to the United Kingdom becoming a province of Brussels. Now the Italians have overthrown the fatalistic notion of the irresistible march of Eurofederalism. They have simply said: if it encroaches upon our national sovereignty, it won’t fly here. This is excellent. Can we rely on our own New Labour-designed Supreme Court to take an equally robust stance in defence of the British Constitution? Ay, there’s the rub. An incoming Tory government (if we had a Tory party) should be committed to abolishing this alien tribunal and restoring jurisdiction to the House of Lords. But such considerations should not blind us to the fact that the sovereignty of European states has been given a crucial boost by the Italian ruling. It is also likely to bolster resistance in Ireland, where a similar activist case from the ECHR is expected to attempt to impose abortion on a state that has rejected it. Not everyone would have expected the first roll-back of Lisbon to come from Italy; but it has, so we should be heartened. Eurofederalism – just say no! The German Constitutional Court refused to even allow the Treaty of Lisbon to be ratified without the supremacy of the German parliament and court being established. Thus, this is the second time that Eurofederalism was given a blow by a national court. Appelle-moi Dave de Vichy should be given the boot before the general election and a true Tory should be elected as party leader. It would spare Britain a hung parliament and provide real leadership. Whether one may appreciate it or not the status quo prior to the election of the Predecessor of Dave de Vichy, Blair, was a highly functional system that took many centuries to developt. It ensured the rights of the people and to a greater extent than not the sovereignity of Her Majesty’s realm. I would be shocked if Ireland put up a fight, we seem to just roll over on our belly and say yes master, and when is din dins. So that will be a ‘98 Vino Nobile di Montepulciano with the roast tonight then. “They have simply said: if it encroaches upon our national sovereignty, it won’t fly here. This is excellent.” Of course Camaron del Tory will find a way to snatch defeat from the jaws of victory. Vichy Dave should be arranging a referendum to void the sham signed up to by 2 kitchens as he had no authority from his principals, us, to whom his party promised a referendum before signing up. Good for the Italians, and I suppose only after the Irish say no will there be a a glimmer of back bone shown by gormless Dave. Brilliant!First the Swiss minaret vote,and now this. Congratulations to the italians. I’ll raise a glass of Chianti to poor old Silvio Berlusconi’s good health, and speedy recovery. The EU nomenclatura have been trying to noble him for some time. And that panty waiste Deacon should be seriously upbraided for his approving comments regarding the assault on this pensioner. The European Court of Human Rights is not an institution of the European Union. It is a judicial body of the Council of Europe, which actually predates the EU and counts among its members many non-EU states such as Russia and Turkey. The Court operates a ‘name and shame’ policy. It has no jurisdiction in any country. Its rulings can be, and have been, harmlessly ignored. If the ECHR finds in favour of those Irish women (it won’t – mark my words), the Irish parliament will be required under its own European Convention on Human Rights Act 2003 to discuss the issue within three weeks, but is not obliged to do anything else. As abortion is prohibited in the Irish constitution, any alteration to abortion laws would necessitate a referendum. Shane: unless the EU decides otherwise. Then you have no right to complain.Gerald Warner
Gerald Warner is an author, broadcaster, columnist and polemical commentator who writes about politics, religion, history, culture and society in general.
Who'd ha thunk it? Italian Constitutional Court tells ECHR to take a hike, asserts national sovereignty
COMMENTS
And with Christmas upon us,a suitable symbolic gesture beffiting the occasion.
A Christmas present.A kick in the bollocks to the ECHR.
Keep em’rolling.
Saturday, 19 December 2009
Who'd ha thunk it? Italian Constitutional Court tells ECHR to take a hike, asserts national sovereignty
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