Tuesday, May 11, 2010

Are EU Commissioners national traitors?

In considering the question posed in this posting's headline "Are EU Commissioners national traitors?" the article, titled "Europe, Nationalism and Shared Fate" which is linked here, provides ample food for thought when considering the oath that each EU Commissioner swears on taking office which is reproduced below:
The College of Commissioners has today sworn a solemn declaration at
the European Court of Justice in Luxembourg, pledging to respect the
EU Treaties and to be completely independent in carrying out their
duties during their mandate. For the first time, the Commissioners
also explicitly pledged to respect the new Charter of Fundamental
Rights.

Commission President, José Manuel Barroso said, "The oath of
independence and respect for the EU Treaties is more than a symbolic
act. The European Commission is a unique institution and the
Commissioners have today made clear that they will uphold all the
principles and values enshrined in the Treaties and the Charter of
Fundamental rights".

Background

According to Article 245 of the Treaty on the Functioning of the
European Union (a provision included already in previous Treaties),
all members of the European Commission are required to give "a solemn
undertaking" when entering upon their duties to respect their
obligations under the EU Treaties. Traditionally, this solemn
undertaking is made before the European Court of Justice in Luxemburg
in the first months after the start of the mandate of a new European
Commission. As the current Commission, which took office on 10
February 2010, is the first Commission that works under the new Treaty
of Lisbon, the wording of the solemn undertaking was adapted to the
new legal situation and includes also a reference to the EU Charter of
Fundamental Rights.

A copy of the solemn declaration can be found in annex.

ANNEX

SOLEMN DECLARATION

Before the

COURT OF JUSTICE OF THE EUROPEAN UNION

pursuant to Article 17 of the Treaty on European Union and Article 245
of the Treaty on the Functioning of the European Union.

___________________________________________________________________

 *

   Having been appointed as a Member of the European Commission by
the European Council, following the vote of consent by the European
Parliament

I solemnly undertake:

 *

   to respect the Treaties and the Charter of Fundamental Rights of
the European Union in the fulfilment of all my duties;
 *

   to be completely independent in carrying out my
responsibilities, in the general interest of the Union;
 *

   in the performance of my tasks, neither to seek nor to take
instructions from any Government or from any other institution, body,
office or entity;
 *

     to refrain from any action incompatible with my duties or the
performance of my tasks.
 
I formally note the undertaking of each Member State to respect this
principle and not to seek to influence Members of the Commission in
the performance of their tasks.

I further undertake to respect, both during and after my term of
office, the obligation arising therefrom, and in particular the duty
to behave with integrity and discretion as regards the acceptance,
after I have ceased to hold office, of certain appointments or
benefits.

http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/487
The emphasis and enlarging of two portions of this oath have been added by this blog's editor to highlight the areas which appear to be incompatible with individual responsibilty normally expected to be followed by nationals of most nations! A quote from the linked Stratfor report highlights the impossible position swearing such an oath places upon any national of a European nation state: "The nation is the place of tradition, language and culture — all of the things that, for better or worse, define who you are. The nation is the place where an economic crisis is inescapably part of your life". This afternoon in Germany the Bundestag will vote on assigning up to 188 billion dollars to neighbouring nations in a manner prohibited by the existing European Treaties supposedly governing the affairs of the EU. No wonder the German Finance Minister took ill before attending the meeting where this was agreed last Sunday! Can Germany trust its EU Commissioner, can any of us trust our own supposed nationals? In the House of Lords sit peers giving away our democratic rights while in receipt of obscen EU pensions funded by taxpayers, that is how the EU reached this point of crisis.

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