Showing posts with label European Union. Show all posts
Showing posts with label European Union. Show all posts

Monday, November 21, 2011

On furthering the Capitalist versus Communist conflict

Last night I looked at how compelling the forces working within the dialectical games are. I see steady pushing in the right v left arena. I see the conflict written out in plain English everywhere I go. And, what's really interesting is to see how the synthesis is being more often lumped back in with the sides against capitalism. It's apparent to me now that no matter how much right or left patriot Americans learn about the communitarian synthesis, they usually revert right back to the communist versus capitalist arguments, which do nothing but help push the solution!

In my humble opinion, we would all be much better off in opposing the horrible solution, the political, social and legal framework for regional and international Communitarian Integration. The new planning law, this new spiritual law that in some nations is now part of their revised constitutions, is not called communism or capitalism. If it's called socialism at all, it's called Communitarian Socialism, or in less official documents, Market Socialism.

Americans could so easily find the premise for many new laws in the United States if they stopped using the outdated words communism and socialism AND capitalism. We'd be much better off focusing serious attention on the growing body of regulations that balance individual liberty against the common good. Our people should be looking for the words Communitarian or Community when studying recent, drastic regulatory changes to local, state and national standards and norms. Citizens could find their newly formed agencies enforcing the new communitarian laws, if only they knew the legal term Community is different from the word.

Communitarian Law and Community Law are exactly the same terms and are used interchangeably in the international legal arena. All UN, EU and WTO and Regional Unions are based in the Supremacy of Communitarian Law clause. The real and verifiable name of the emerging global governance bureaucracy is called Communitarianism. The documentation to support this is all over the world now, and new publications such as this one appear online daily:
The European cooperation for development policies: between national interests and communitarian norms

Drd. Victor NEGRESCU1 is currently a PhD candidate at the National School of Political Science and Administration (SNSPA), with an MA in International and European Studies at IEP Grenoble and Pierre Mendes France University, and a member of the teaching staff of the Faculty of Political Science of the Dimitrie Cantemir Christian University. He is a member of FOND – National Federation of the NGOs for Development in Romania and member of several research working groups on development policies.

Abstract: In the context of the growing importance of the cooperation for development in the European Union and the appearance of a common growing public opinion agreement supporting this kind of initiatives, it is necessary to understand if we can talk today about a true common European policy. Still covered on intergovernmental level and considered to be a part of the national foreign policies, EU development aid is still far from reaching the maximum of its efficiency.

In this paper we try to introduce a new evaluation method of the cooperation for development policies and interpretation of the degree of communitarisation of the national policies that will enable us to appreciate the stages that have to be completed by the member countries but also by the EU to realize a completely uniform European assistance strategy and of the activities, so necessary for raising the efficiency of the funds allocated by the EU, but also in the perspective of achieving the Millennium Development Goals

Keywords: Developing countries, world economy, communitarisation, Europeanization, public opinion, international society.

http://stockholm.sgir.eu/uploads/The%20European%20cooperation%20for%20development%20policies%20-%20between%20national%20interests%20and%20communitarian%20norms.pdf

There are stages that have to be achieved before the next level of social evolution can be reached. Everyone who studies Marxism learns the basic formula for helping reluctant, unenlightened people to change like butterflies into the next stage.

The revolutionary process called dialectical materialism is the core foundation for Marxist thinking. Marx modified the Hegelian theory of dialectical idealism. Unlike Hegel's theory of ideals driving history, dialectical materialism is the idea that material conditions drive ideals, and more importantly, can influence human history. Marx proposed mankind embarks on an evolutionary series of MATERIAL conflicts between the classes, and the bloodier the battles, the better. Hegel provided the Big Idea that mankind achieves perfection when the state becomes God, and that the highest form of freedom is only achieved through complete submission to the state as God. Marx and Engels took the conflict further and made it a physical struggle as well.

Dialectical Idealism and Dialectical Materialism are the two main forces driving every 20th century and onward revolution on the planet. The part most conservatives refuse to accept as a possibility, is that without their support for the opposite theory of capitalism, communism could not exist as the force that it became. These theories of economic systems were designed to feed off each other's never ending natural breeding grounds for animosity, and it has the most potential to turn vague senses of wrongdoing into seething anger into violence. Both Hegel and Marx agreed violence is the best scenario for moving humanity toward its destiny.

Capitalism versus Communism is designed to be most effective when there are only two classes left, the poor and the rich. Naturally the American middle class has much to lose in this "final" battle between the top and bottom class. Recent history of Marxist inspired revolutionaries extends beyond Pol Pot, Stalin and Hitler, it includes capitalist funded imperialist puppets, like the Somoza family in pre-Sandinista Nicaragua. Neither "side" of the Capitalist versus Communist debate can claim perfection over the other. Both economic theories have contributed their share to global poverty and deaths in the millions. The Capitalist versus Communist conflicts are also a bit inconsistent. The United States sided with Stalin and still sides with Israel, a nation founded on an kabbalistic communitarian system called the kibbutz.

Our thesis is global communitarianism is the final stage that balances all of the conflicts. We pose that this is the final, unnamed system planned to unnaturally occur at the end of the dialectical conflicts of opposites game. Some schools still teach that both Marx and Engels were vague about what that final perfect middle between all opposite ideologies would be called, but in the U.S. patriot news communism is usually taught as the ultimate goal of Marxist revolutions.

If you follow the line of Marxist logic, communism cannot be the final synthesis of Ideas. The final perfect solution has to be a combination of the conflict between two previously posed ideas. It cannot be one or the other, because the final solution is totally Balanced and new. Even the Dictatorship of the Proletariat was only a phase toward ultimate harmonization of all people under one set of values and norms which requires no enforcement. Since there is a direct, ongoing dialectical conflict between capitalism and communism/socialism, then none of those ideologies can be the synthesis. Any one of the familiar theories that has existing opposition cannot be the final, perfect solution, according to the forumla for human social evolution.

Each new synthesis has to be identified as something that merged the thesis and the antithesis into a new Idea. Political synthesis can only be something that brings people from both sides to a middle compromise. Up until Communitarianism was introduced, the middle compromise has continued to become a new thesis with an established opposition camp. According to the theorists, the way we would know when we had reached the final stage of human social evolution was when there arose no opposition to the synthesis. Perfection is reached when nobody alive claims the most recent synthesis is imperfect. Communitarianism is the most recent synthesis, and so far, the only organized opposition is us. We are nobody lowborn commoners without titles of nobility or degrees. That basically means there's no opposition.

Our anticommunitarian argument is based on a few basic ideas:

1. Capitalism versus Communism, in a Hegelian/Marxist equation, equals Communitarianism. (Or Individualism versus Collectivism, Right versus Left, Republican versus Democrat, etc.)

Evidence for Communitarianism being the final Marxist/Capitalist solution between the two supposedly opposing "sides" exists in abundance. Our argument has, so far, proved incontrovertible. Our argument, our reasoning, and our version of the evolutionary history of Communitarianism have never once been disputed, nor have any of the documents we cite been proven to be fraudulent. We have, since 2003, openly solicited responses from Dr. Amitai Etzioni and his Network. We have also had our thesis introduced in graduate level classes where we offered to print anything the students wanted to write about it. We have never received any papers disputing us. Our ACL research website has had over a million visits, and over half of them have been to our thesis. If our poll and stats data can be trusted, we've had more than one school review board visit our Hegel page. I still feel this should qualify us for a nice fat grant and admission to a formal anticommunitarian studies program, but that offer is still forthcoming. :)

Back to the argument:

2. Communitarianism, a recent modification of the U.S. legal system, did not arise naturally from the people of the United States, it was never approved or adopted by the U.S. House (of directly elected) Representatives, or any directly elected state legislatures.

3. Anything that changes or modifies the constitutions of any states or the federal constitution, without full disclosure and full consent of the people who legally govern in this nation, is sedition against the authority of the legitimate rulers here, who are the American people. Sedition and treason are criminal offenses under US Code.

International environmental and trade associations, councils, and courts, established under WTO, NAFTA, CAFTA, UN Local Agenda 21, and the Earth Charter, have never been officially explained to Amercians, nor have the provisions inserted into the above documents. New terms in American law that adopt the supremacy clause have never been approved by 3/4 majority of the state legislative bodies, as is required to revise the Constitution of the United States. (People call for a new Constitution all the time now, but it was already quietly invalidated by Communitarian supremacy under international agreements over 20 years ago!)

All dissent against the insane expansion of government power over private lives and national economies is funnelled into groups that play a role in the conflict or the pre-prepared solution. I have found more and more people from every side of the political and religious spectrum clamoring for a communitarian solution to the global economic crisis. From the Occupy movement to the Pope, to the leaders of many nations and major NGOs, they all repeat the same three things: Elimination of 1.Degradation of the environment, 2. Poverty, and 3. Social Equity.

Many agreements to reach these goals by specific dates already exist. Agenda 21 and sustainable development are just the tip of the iceberg. Related agreements like The Millennium Goals, and their significance to the radical legal and structural changes now happening to existing national systems, cannot be overemphasized. Remember what Victor said about the Millenium goals in his paper about Communitarian norms? Didn't he say, "In this paper we try to introduce a new evaluation method of the cooperation for development policies and interpretation of the degree of communitarisation of the national policies that will enable us to appreciate the stages that have to be completed by the member countries but also by the EU to realize a completely uniform European assistance strategy and of the activities, so necessary for raising the efficiency of the funds allocated by the EU, but also in the perspective of achieving the Millennium Development Goals"?

We're so lucky, because Victor told us the method.
He provided the link between sustainable development, human development, and communitarian norms. Notice Victor didn't write a paper about communist or socialist norms that would help in the perspective of acheiving the Millennium Goals.

What's Going On?

Environmental problems threaten human development progress, UN report says
<span class= The annual UNDP Human Development Report was released on 2 November. In the lead-up to Rio+20, the upcoming UN conference on sustainable development, this year’s edition entitled Sustainability and Equity: A Better Future for All focuses on the link between human development and environmental sustainability. The report calls for urgent action to slow climate change, prevent further degradation and reduce inequalities as environmental deterioration threatens to reverse recent progress in human development for the world’s poorest.

The emerging supranational system of global governance, or the New World Order (NWO) as many of our esteemed leaders prefer to call it, is based on a philosophy of law called communitarianism. It's basic, most simple concept is explained as the "balance" between too much liberty and too much servitude. It's a balance between unfettered anarcho capitalism with limited government intrusion, and state controlled collectivism with total government intrusion. It's the perfect middle, and it is being presented as the most reasonable compromise between all the forces gathering to fight the dialectical battles in the streets of America.

The global system has already been built that will replace all national governments. In Russia, China, Cuba, Indonesia, Africa, Israel and the EU, the ideology for the new system is well understood by officials. In South America and portions of Africa and the Middle East it's been used to rally the Indigenous people's support for global enforcement of protections of Human Rights and the Environment. Sustainable Development, one of the programs under Communitarianism, has been adopted not only by global to local governments but by most businesses as well.

Bolivia, leading the call for full Human rights for Mother Earth, modified their national constitution to openly embrace a new form of socialism called Communitarianism. The social evolution of humanity as planned is well into the advanced stages.

Many Americans say they are ready to fight, but armed struggle is a two edged sword for Americans. An armed rebellion or conflict within our national boundaries would be disastrous for anyone clinging to any sense of freedom. There are many new law enforcement agencies dedicated to preserving global communitarianism, and not only have our forces become militarized peacekeepers, the datagathering capabilities and interdepartmental sharing between Community Police around the globe continues to grow.

I still say we all need to ask for our COPS' "file."


We, as a nation, remain totally out of the loop when it comes to Communitarian integration of standards and norms, even as our nation adopts the laws that solidify our collective status in the international courts. So, why do so many people steer concerned citizens away from knowing what system the UN will activate after they "save the day?" All evidence suggest the UN expects us to beg for them to help change the world we live in. I didn't think we would. I was wrong.

Twelve years ago when I started my rants against communitarianism, nobody had heard of the term. Today more than some of our people are saying communitarianism is a much better way to live. The "masses" still believe in the dialectical lies, much the same way 20th century Russians and Germans did,. My studies have shown that historically, as well as today, the masses aren't always the 99%, until membership in the ruling party becomes mandatory.

Every former nation in the world has been subdued and forced to committing to the same efforts. The invasion of Afghanistan wasn't just about oil pipelines or poppies, it can't only be that, not when the primary result is their adoption of the global system for a sustainable planet.
21 November 2011 – The General Assembly called today on countries to reiterate and scale up their support for Afghanistan during its transition period, and outlined six major areas the country should focus on to ensure its long-term stability and progress.

In a resolution adopted unanimously this morning, the Assembly called for increased efforts in the areas of security, justice and governance, social and economic development, reconciliation and integration, regional cooperation and strategic partnerships. http://www.un.org/apps/news/story.asp?NewsID=40472&Cr=afghanistan&Cr1=

The only thing that leads us to finding Communitarian Law is a familiarity with the term communitarianism. There exists no confirmable source for "communist law" or "socialist law" in any of the important global governance documents (although it does exist in some national documents that cede communitarian law is supreme). The name of the law of integration, and of the principles for which it stands, is Communitarian Law, also known as Community Law.

The principles for supremacy are defined as Communitarian. Capitalism, communism, socialism, totalitarianism, libertarianism, anarchism, fascism etc are not nor have they ever been globally supreme. They were all only stages in the dialectic. Much like the movie Alien with Sigorney Weaver, our familiar political and economic systems are all brothers and sisters working to protect and eventually crown their Big Mother Sucker, Communitarianism.

If we can't see the most powerful enemy to ever invade our lands and our homes, how can we possibly come up with ways to kill (or at least table) it? We don't even know what we're up against. It's so confusing, we need lawyers to study the laws from a constitutional perspective. We need local politicans who are aware and on the lookout for the terms inserted into proposed legislation. But the term Community isn't being taught alongside Sustainable Development and Agenda 21 by the leaders of the pro freedom opposition. Locals aren't being taught the one thing that could be the basis for the biggest class action lawsuit in the history of American civil courts.

Many of the communitarians operate in our neighborhoods as both concerned citizens and government paid agents. This is a glitch in the system, according to my unlawyerly observations, and even though we failed miserably in our Dawson lawsuit, I still think it's an avenue worth pursuing if you go after the actual terms inserted in legal documents. I was once told by a Washington State Supreme Court Justice that he could not rule on anything that didn't come before his court. Dawson never made it to the State Appelate Court, it was bumped up to federal because we cited federal statutes, and a Clinton appointee ruled in favor of the federal community police. Maybe if we'd only cite state laws in our filings we could keep the cases at the level where we have the most power to pack the courtrooms with our neighbors and our local media, and in some states, take our cases before justices who are directly elected by us.

Citizens across America have been subjected to communitarian laws, penalized for violating communitarian laws, and lost their property under communitarian takings. The basis for all these new laws that "balance individual rights against the rights of the community," or the collective, the Common Good or Mother Earth, is the Communitarian philosophy of law. And yes, the neo global ideology has a soft side and a more muscular side.

As our most revered Communitarian guru wrote on his blog in on January 08, 2010:

Now: Muscular Communitarianism

The time for muscular communitarianism has come. In his second year, President Obama best reveal that his communitarianism is not powerless, but indeed has muscles of its own, although these have so far been rarely exercised.

The president has gone the extra mile to show that he is willing to talk, consult, and collaborate with allies and foes alike -- foreign and domestic. Nor has this form of kumbaya communitarianism been without results. Russia and China are supporting sanctions against Iran. The fever of anti-Americanism overseas has subsided some.

But, all said and done, Obama's soft communitarianism has yielded relatively little. Iran continues to thumb its nose at his solicitations; the GOP is mocking it; and the business elites are paying out their bonuses using taxpayer dollars, as if Obama never railed against them. Obama can maintain his positive posture, continue to refuse to hector nations whose regimes are different from ours, and even keep extending an olive branch to the business elites. But he would be much more effective if he would show that communities whose norms and leaders are ignored can twist the arms of, even give a kick in the pants to, those who refuse to collaborate. http://blog.amitaietzioni.org/2010/01/now-muscular-communitarianism.html
One more time, because it's well worth repeatng:
.. he [Obama] would be much more effective if he would show that communities whose norms and leaders are ignored can twist the arms of, even give a kick in the pants to, those who refuse to collaborate.
To a communitarian thinker, especially an Israeli commando who fought as a terorist for Israeli independence, nuking Iranian civilians may be little more than a swift kick in the pants. To the rest of the thinking world, it's more like an explosion that blows uncollaborating pants into tiny pieces. Remember, in Orwellian doublespeak, war means peace. And nobody speaks doublespeak better than Amitai Etzioni, the Tree of Knowledge from Zion.

A well known intellectual on social policy who first rose to prominence in the 1970s, Amitai Etzioni is a professor of international relations at George Washington University and founding director of the Institute for Communitarian Studies.[1]

Although best known for his work and theories on sociology and domestic policy, Etzioni has, since the 9/11 terrorist attacks, become an increasingly strident—if often idiosyncratic—proponent of military solutions to U.S. foreign policy problems, in particular those dealing with Israeli security. (For more on Etzioni’s history and ideas, see Marsha B. Cohen, “Muscular Nonrationality: Amitai Etzioni and War with Iran,” Right Web, July 21, 2010.)

An illustrative example of Etzioni’s militarist views is his May 2010 article for the U.S. Army’s Military Review titled “Can a Nuclear-Armed Iran Be Deterred?” In the article, Etzioni claims that once armed with nuclear weapons Iran will be impervious to nuclear deterrence and thus, the United States should bomb the country to derail its nuclear program. He contends that a concerted bombing campaign targeting civilian infrastructure—including “bridges, railroad stations, and other such assets, just the way the U.S. did in Germany and Japan in World War II”—is the only way to dissuade Iran from attempting to develop nuclear weapons.[2]

Because the objective of such attacks on non-nuclear targets would be causing pain to the entire Iranian population, “it matters not if one misses some,” Etzioni said. He even proposes that the strikes be carried out at night, and with “proper warning,” in order to minimize civilian casualties.[3]

http://www.rightweb.irc-online.org/profile/etzioni_amitai

Etzioni didn't found the Communist Network. He didn't found the Socialist Network. Etzioni founded the Communitarian Network, an advisory organization that came to the United States to "shore up the moral, social and political environment." Our laws against premeditated murder of civillians is considered an immoral barrier to global communitarian wars. Our laws may be the only thing left on the planet that can stop the final horror in its tracks. We'll never know for sure unless we try. There just have to be other ideas that haven't been thought of yet.

But first we'd have to stop fighting each other and turn our wrath toward our common enemy. We'd have to stop furthering the phony dialectical conflict between rich and poor and not allow ourselves to be swayed anymore into helping to hasten our own defeat. We'd have to put all America first to find a way to come together to ward off the creeping invasion. We'd have to find a way to respect our many differences, because it's that lack of honor among men that's costing us our freedom, our lives and the lives of countless innocents around the globe. The more hate we promote toward our countrymen and other nations and religions, the more we fuel the communitarian bonfire. Our nation is one big spark ready to blow. I'm gonna pray for rain.

Tuesday, May 3, 2011

EU wins new powers at UN, transforming global body

EU wins new powers at UN, transforming global body

LEIGH PHILLIPS

03.05.2011 @ 22:03 CET

EUOBSERVER / BRUSSELS - EU Council President Herman Van Rompuy will now be able to address the United Nations no differently from US President Barack Obama, Venezuela's Hugo Chavez or Russia's Dimitri Medvedev.

In order to win the vote, the EU had to agree to changes to the global organisation that transforms the UN from an assembly of nation states into a body that also offers representation rights to regional blocs as well, including potentially the African Union, the Arab League and the South American Union.

The EU on Tuesday was given almost all the rights in the global chamber that fully-fledged states enjoy after the General Assembly backed 180 to two a resolution giving the bloc, which until this week only maintained observer status at the UN, the union the right to speak, the right to make proposals and submit amendments, the right of reply, the right to raise points of order and the right to circulate documents.

There will also be additional seats put in the chamber for the EU's foreign policy chief, High Representative Catherine Ashton and her officials.

Ashton and her team have lobbied heavily over the last six months, according to her representatives, with a major offensive in the last 48 hours by the high representative herself in New York, to push through the changes after the EU was dealt a surprise defeat last September when other regional blocs voted against a similar resolution.

She declared herself "delighted" at the win, which, she said: "will in future enable EU representatives to present and promote the EU's positions in the UN."

Last year, two groups in the chamber resisted the move. The first, some of Brussels' closest allies in the world, Canada, New Zealand and Australia, consulted with each other and agreed to abstain on the original motion, according to one Commonwealth diplomat, as they were annoyed by the "presumption" of the EU, who had delivered the resolution for consideration the night before the vote.

After half a year of consultations, the Commonwealth allies appear to have had their procedural concerns dealt with.

But the second group, led by Caricom, the Carribean's regional integration bloc inspired by the EU, felt that it was unfair that Brussels should win additional rights but not themselves or other similar bodies, from the Gulf Co-operation Council to the Pacific Islands Forum.

In order to win over these refuseniks, the EU had to back an amendment to the resolution, put forward by Hungary - currently at the helm of the bloc's six-month rotating presidency - that gives these other blocs the same rights Brussels has won, should they ask for them.

"Following the request on behalf of a regional organisation which has observer status in the general assembly and whose member states have agreed arrangements that allow that organisation's representatives to speak on behalf of the organisation and its member states, then the general assembly may adopt modalities for the participation of that regional organisation's representatives," read the amendment.

http://euobserver.com/9/32262

COMMUNITARIZATION OF THE EU THIRD PILLAR TODAY AND ACCORDING TO THE LISBON TREATY MICHAEL ŠVARC

COMMUNITARIZATION OF THE EU THIRD PILLAR TODAY
AND ACCORDING TO THE LISBON TREATY
http://www.law.muni.cz/sborniky/cofola2008/files/pdf/evropa/svarc_michael.pdf
MICHAEL ŠVARC, Právnická fakulta, Masarykova univerzita, Brno

Abstrakt
Práce se pokusí popsat a analyzovat současné projevy tzv. komunitarizace třetího pilíře EU,
kterou autor chápe jako proces, kdy oblast policejní a justiční spolupráce v trestních věcech
začíná být ovlivňována či dokonce podřizována komunitárním principům a mechanizmům
(zásada loajality, nepřímého účinku, efektivity, role Komise a ESD), a to při začlenění do
režimu mezivládní spolupráce. Ta má být překonána Lisabonskou smlouvou, která danou
oblast podřizuje zásadně komunitárnímu režimu (hlasování kvalifikovanou většinou ve
spolurozhodovaní proceduře s EP, podrobení se jurisdikci ESD, přímý účinek). Práce se
pokusí srovnat a analyzovat výhody a nevýhody obou režimů v dané oblasti. Podtrhne přitom
i specifika komunitárních mechanizmů v této oblasti dle Lisabonské smlouvy. Ambicí práce
je rovněž upozornit na možnosti, ale i meze a rizika rozvoje komunitárního režimu v oblasti
trestní politiky podle Lisabonské smlouvy.
Klíčová slova třetí pilíř, první pilíř, mezivládní spolupráce, komunitární právní řád, policejní a justiční spolupráce v trestních věcech, obecné zásady, svěření pravomocí, sdílené pravomoci,
subsidiarita, proporcionalita, přednost, přímý účinek, nepřímý účinek, odpovědnost za škodu
(Francovich), hlasování kvalifikovanou většinou, záchranná brzda, posílená spolupráce,
přeshraniční dvojí trestání (ne bis in idem), princip legality, Evropská Rada, Komise,
Evropský parlament, Rada, Soudní dvůr (ESD), národní parlamenty, žlutá, oranžová, červená
karta.

Abstract
This paper attempts to describe and analyze the current instances of the so-called
communitarization of the third pillar of the EU, which the author considers to be a process,
when the police and judicial cooperation in criminal matters starts to be influenced or even
subjected to the Community principles and mechanisms (such as the principle of loyal
cooperation, indirect effect, effectiveness, the role of the Commission and ECJ), while falling
into the intergovernmental framework. However, this framework should be displaced by the
Lisbon Treaty, which in principle subjects this area to the communitarian regime (voting by
the qualified majority in co-decision procedure with EP, jurisdiction of the ECJ, direct effect).
The paper will try to compare and analyze both advantages and disadvantages of both
(intergovernmental and communitarian) frameworks in the field of criminal matters. Specific
characteristics of communitarian mechanisms under the Lisbon Treaty will be emphasized as
well. The aim of the paper will be to show the possibilities and opportunities, but also limits
and risks of further developments of communitarized criminal policy under the Lisbon Treaty.
Key word rd pillar, first pillar, intergovernmental cooperation, Community legal order, police and
judicial cooperation in criminal matters, general principles, conferral of powers, shared
competence, subsidiarity, proportionality, supremacy (primacy), direct effect, indirect effect,
liability for damages (Francovich), qualified majority voting, emergency break, enhanced
cooperation, cross-border double jeopardy principle (ne bis in idem), substantive legality
principle, European Council, Commission, European Parliament, Council, Court of Justice
(ECJ), national parliaments, yellow, orange, red card.

Introduction
This paper will focus on developments and possible future prospects within the third pillar of
the European Union (EU). First, I will briefly sum up the “constitutional” foundations of the
third pillar, as regards both the role of the Union institutions and legal effects of the measures
adopted under this framework as provided for in the Treaty on European Union (TEU),
especially its Title VI, which governs police and judicial cooperation in criminal matters.
Then I will show, how this area of criminal matters has been communitarized, especially by
the case-law of the Court of Justice (ECJ). Turning to the new settlement of this area
according to the Lisbon Treaty, especially Title V, chapters 1, 4 a 5 of the Treaty on the
Functioning of the European Union (TFEU),1 I will try to describe and analyze the most
important novelties, which the new framework introduces. In principle all classical
Community rules and principles should apply within the specified field of criminal matters.
However, important specific characteristics applicable to this area (such as maintaining
1 TFEU will replace the current Treaty establishing the European Community (TEC). The area of police and judicial cooperation will be transfered from TEU to the TFEU and included in Title V, with the heading “Area of freedom, security and justice,” which will contain also chapters on general provisions, policies on border checks, asylum, immigration and judicial cooperation in civil matters. unanimity in certain matters, emergency break and enhanced cooperation) will be emphasized as well. Finally the paper will on the basis of attained experience and concrete examples attempt to point to the possible advantages, respectively disadvantages and risks, which the new framework may bring in contrast to the current state of affairs in the explored area of criminal matters.

The “constitutional” foundations of the third pillar compared to the first pillar
The third pillar, established by the Maastricht Treaty and limited to police and judicial
cooperation in criminal matters by the Amsterdam Treaty, forms basically a distinct
framework of intergovernmental cooperation, which is to be differentiated from the
Community legal order, resting on the TEC and developed by the ECJ case-law2. First and
foremost, the nature of the third pillar as laid down especially in the Title VI of the TEU
resembles more the classical international regime (where, it seems, there is no room for a
simple hierarchy or subordination, but the consent of each and every state is predominant)
rather than the supranational one, which was developed under the first pillar, patterned by the
primacy and direct applicability (and effectiveness) of adopted rules towards individual
member states (even when outvoted) and their citizens. From the institutional point of view,
similarly, the institutions such as the European Commission (Commission), European
Parliament (EP) and the ECJ were not granted such broad powers, as is the case in the first
pillar. By contrast, the Council of Ministers (the Council), which represents the individual
member states, was given great external and legislative powers, including the veto right for
each and single minister thanks to the unanimity voting, introduced as a rule for decisionmaking
in this sensitive and with the sovereignty of the member states´ closely connected area
of police and judicial cooperation in criminal matters. Moreover, the intergovernmental
character of the third pillar seems to be strengthened by the legislative initiative of each
member state (sharing this right with the Commission) and mainly by the weakening of both
2 See these crucial judgements of the ECJ: C- 26/62 Van Gend en Loos, 5.2.1963, (direct effect) a C- 6/64 Costa v. ENEL, 15.7.1964 (supremacy or primacy of EC law); and further elaboration on this as regards both direct and indirect effect: C-152/84 Marshall, 26.2.1986, C-14/83 Von Colson a Kamman, 10.4.1984, C-106/89 Marleasing, 13.11.1990, C-194/94CIA Security v. Securitel, 30.4.1996, and primacy of EC law, or even the emerging concept of pre-emption: C-11/70 Internationale Handelsgesselschaft, 17.12.1970; C-35/76, resp. C-
106/77 Simmenthal I, II, 15.12.1976, resp. 9.3.1978; C-10-22/97 Ministero delle Finanze v. IN.CO.GE´90 Srl, 22.10.1998; C-148/78 Ratti, 5.4.1979; C- 31/78 Bussone, 30.11.1978; C-11/92 Gallaher, 22.6.1993; including liability for damages for infringement of Community law: C-6 & 9/90 Francovich, 19.11.1991; C-46/93 Brasserie/Factortame, 15.3.1996; C-178/94 and others point cases Dillenkofer, 8.10.1996; C-224/01 Köbler, 30.9.2003, which might be read also in conjunction with the judgement C-453/00 Kühne & Heitz, 13.1.2004; summarized In Craig, P., de Búrca, G. EU Law – Text, Cases and Materials. New York: Oxford University Press, 2003, s.178- 228; 257-315. the EP, limited only to consultation within the legislative process, and the Commission, which is not allowed to pursue infringement procedure as is the case under the first pillar Community legal order. Also the limited jurisdiction of the ECJ, as compared to its role under the first pillar, is of great significance, when assessing the specific nature of the third pillar
framework. Preliminary rulings, seemingly limited in its subject, are not obligatory at all at
any stage and annulment actions are limited only to privileged applicants. Infringement
procedure, as mentioned above, does not apply at all. As a result, the member states do not
run any risk of being financially penalized by the ECJ, when infringing third pillar union law.
As regards the legal effects of the measures adopted under the third pillar, the TEU explicitly
abolishes direct effect of the decision and framework decision. The latter resembles by
definition and aim in approximating national laws directive under the first pillar, however,
without possessing a feature of direct effect loses much of its strength, because the particular
provisions of the framework decision cannot be then directly invoked by individuals before
the national authorities, and the courts particularly, with a view setting aside, if necessary,
contrary national rule and applying directly effective one (in upwards vertical relations at
least).

Although it might seem from all above mentioned that the intergovernmental framework of
the third pillar absolutely prevails,3 the next chapter will show, how especially the ECJ is
ready to make use of some communitarian aspects involved in that framework and extend
them to the maximum, while borrowing the concepts from the first pillar as well, in order to
promote more uniform application of the union law in this field and guarantee at least some
kind of judicial protection. It will be, however, also pointed to the extension of the community
competence over criminal matters by the ECJ, revealing the potential of the first pillar for the
purposes of criminal regulation.

Third pillar under attack – creeping communitarization
In general
In spite of the fact of intergovernmental characteristics of the third pillar, as briefly sketched
above, I will try to illustrate, how this pillar has been communitarized, i.e. influenced by and
subjected to the Community principles, rules and mechanisms. 3 However, there is a regular „bridge,“ enabling to transfer the respective areas of criminal matters to the first pillar entailed in Article 42 TEU. The cumbersome procedure which subjects such a unanimous decision of the
Council to the constitutional procedures of member states makes this provision, however, practically ineffective.

Among the Union institutions it was mainly the ECJ which heavily supported this process by
taking full advantage of its jurisdiction and pointing to the broad tasks and objectives of the
Union and the necessity to ensure both the consistency within the Union framework as a
whole and the effectiveness of the measures adopted within the third pillar particularly (see
below, Pupino, Segi, EAW judgements of the ECJ). ECJ also promoted uniform application of
crucial third pillar rules and principles, such as the prohibition of cross-border double
jeopardy (see below, sketched case-law of the ECJ on ne bis in idem).

Furthermore, the potential of expansive growth of the communitarian control over criminal
matters was also supported by the ECJ case-law on the possibility of implicit competence
over criminal matters within the first pillar under certain conditions (see below,
Environmental crimes and Ship source pollution judgements of the ECJ).

Besides that, the process of communitarization was also boosted by the practice developed
within the Council, where special negotiation techniques, political pressure, package deals
seem to undermine de iure unanimity voting rule as well.4

Moreover, the active role of the Commission, coming up with legislative proposals, which
seem not always to observe both the union and Community fundamental principles such as
the subsidiarity principle5 or even fundamental rights6, contributed also a lot to the
communitarization of this area.

The role of the ECJ in communitarization of the third pillar

In my view Pupino represents a leading case in this area. The ECJ was asked by the Italian
court within the preliminary ruling procedure under article 35 TEU to give an interpretative
ruling on a specific provision of the framework decision on the protection of victims, which
related to the special criminal procedure in respect of vulnerable victims, respectively
application of the procedural benefits towards maltreated children. After declaring its
jurisdiction and its scope under the Article 46(b) TEU, in conj. with Article 35 TEU, the ECJ
stressed the binding nature of framework decisions, inspired largely by the Article 234 TEC.
Due to the fact that the TEU in this respect expressly excludes direct effect, the ECJ could
4 See, more elaborated on this matter: Čakrt, F.: Nástin komunitarizace v rámci III. pilíře. Trestněprávní revue, 2007, č. 1, s. 4 – 12.
5 See, ibid p. 7 as regards the critical reflection on this as exemplified by the Green book on the conflicts of
jurisdictions and the principle ne bis in idem in criminal proceedings, KOM(2005) 696
6 See, for instance the so-called data retention directive, where the protection of the fundamentals principle of protection of personal data might be interfered with disproportionately
only promote the effectiveness of the framework decisions by the so-called indirect effect,
elaborated within the first pillar. And indeed, it did so, stating that the binding character of the
framework decisions places on national authorities, and particularly national courts, an
obligation to interpret national law in conformity7.

Moreover, the ECJ added, that while having the jurisdiction in preliminary ruling procedure,
this would be deprived of most of its useful effect, if individuals were not entitled to invoke
framework decisions in order to obtain a confirming interpretation of national law before the
courts of the member states8. Furthermore, the ECJ, without any reference in the text of the
TEU (unlike Article 10 TEC), went further to pronounce the applicability of the principle of
loyal cooperation9 in this field as well, pointing to the aim of the Union to create an ever
closer Union among the peoples of Europe and necessity to ensure that the Union may
effectively fulfil its tasks.10 The applicability of the principle of loyal cooperation within the
third pillar gave rise to the debate on possible far-reaching implications this might bring. As
we know, from the principle at stake important Community principles, rules, mechanisms
were inferred, such as the principle of supremacy (primacy, precedence), the Francovich
principle of liability for damages, the twin principles of effectiveness and equivalence, just to
name the most important ones. And some authors indeed suggest the possible application of at
least some of them, such as Francovich principle of liability for damages and principles of
effectiveness and equivalence.11 Finally, Pupino ruling itself, while setting limits to the
application of the so-called indirect effect (cannot be contra legem and conflict the principles
7 C-105/03, „Pupino,“ 16. 6. 2005, para 34.
8 C-105/03, „Pupino,“ 16. 6. 2005, para 38.
9 However, S. Peers notices that the ECJ makes, with exception of requirement to take measures to ensure fulfilment of obligations, no reference to other aspects of the principle of loyal cooperation, see Peers, S.: Salvation outside the church: Judicial protection in the third pillar after the Pupino and Segi judgments. Common Market Law Review, 2007, č. 44, p. 916, 917.
10 C-105/03, „Pupino,“ 16. 6. 2005, paras 41, 42: „… treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe and that the task of the Union, which is founded on the European Communities, supplemented by the policies and forms of cooperation established by that treaty, shall be to organise, in a manner demonstrating consistency and solidarity, relations between the Member States and between their peoples…. It would be difficult for the Union to carry out its task effectively if the principle of loyal cooperation, requiring in particular that Member States take all appropriate measures, whether general or
particular, to ensure fulfilment of their obligations under European Union law, were not also binding in the area of police and judicial cooperation in criminal matters, which is moreover entirely based on cooperation between the Member States and the institutions…“
11 See, for instance Spaventa, E.: Opening Pandora´s Box: Some reflections on the Constitutional Effects of the Decision in Pupino. European Constitutional Law Review, 2007, č. 3, s. 18 – 22 or Peers, S.: Salvation outside the church: Judicial protection in the third pillar after the Pupino and Segi judgments. Common Market Law Review, 2007, č. 44, p. 921 – 924, where the author comes up with practical examples, for instance that the wrongful detention, prosecution and conviction connected to the double leopardy rules should be compensated in
accordance with the principles established as regards Community damages liability.
of legal certainty and non-retroactivity or establish and aggravate criminal liability)12, in my
view, implicitly suggests that general principles of Community law, or at least some of them,
may and should be applied within the third pillar, as well. I agree with S. Peers that the
general principles of Community law13 (such as protection of human rights, legal certainty
and of the protection of legitimate expectations, non-retroactivity, principle of equality and
non-discrimination, principle of the right to defence and the rule against double jeopardy;
principles governing the exercise of community powers such as principle of conferred powers,
subsidiarity and proportionality) should apply in their entirety here as well.14 However, the
ECJ when ruling on the observance of these principles should, in my view, pay due respect to
the principles of subsidiarity and the primary (or largely exclusive) responsibility of member
states for maintaining public order and security on their territory and observing their human
rights obligations under the European Convention for the protection of human rights and
fundamental freedoms (ECHR), from which the ECJ itself should in no case depart as well15.
Similarly, the ECJ, while interpreting, should not encroach upon legislative domain of the
Council as well. The ECJ in my opinion should be very careful and restraint in using too
much extensive interpretation which might run counter words and intent of drafters and
legislators. I admit, there might be instances, where the court must decide on the merits and
deliver the justice to individuals, even (if necessary and well justified) by going beyond the
text and finding just solutions by systematic a teleological interpretation. However, in general
and as a rule, the ECJ should, in my view, especially in this sensitive field of criminal affairs,
be very cautious when trying to unify some of the controversial concepts, beyond the adopted
legislative consensus reached. In this regard, the unifying case-law of the ECJ on the
principle against double jeopardy (ne bis in idem)16 seem to me (at least as regards some
judgements) very ambitious and too extensive as well, and in some instances undermining
criminal justice systems of individual member states.17 I am hinting here at some kind of
12 C-105/03, „Pupino,“ 16. 6. 2005, paras 44, 45.
13 For a systematic categorization of Community general principles see, Týč, V.: Působení práva Evropské unie ve sféře českého právního řádu In: Evropský kontext vývoje českého práva po roce 2004: sborník z workshopu konaného na Právnické fakultě MU v Brně dne 26.9.2006. 1. vyd. Brno: Masarykova univerzita, 2006, s. 22-27.
14 See, Peers, S.: Salvation outside the church: Judicial protection in the third pillar after the Pupino and Segi
judgments. Common Market Law Review, 2007, č. 44, p. 926 – 928.
15 Compare, Article 52(3) of the Charter of fundamentals rights of the Union, which shall be legally binding
according to the Article 6(1) of the TEU, introduced by the Lisabon Treaty.
16 See judgements: ; C-187/01, C-385/01, Gozütok & Brügge, 11.2.2003, C-288/05, Kretzinger, 18.7.2007,; C-
367/05, Kraajjenbrink, 18.7. 2007; C-150/05, Van Straaten, 28.9.2006; C-467/04, Gasparini, 28.9.2006; C-
436/04, Van Esbroeck, 9.3. 2006; C-469/03, Miraglia, 10.3.2006.
17 For a brilliant reflection see, Komárek, J.: „Tentýž čin“ v prostoru svobody, bezpečnosti a práva.
Jurisprudence, 2006, č. 3, s. 51 – 57.
hidden communitarian mechanism, which might be activated through preliminary rulings, and
which attributes the ECJ the role of de facto legislator, when interpreting the very broad and
vague terms, adopted within the Council.

Finally, the ECJ affected heavily the criminal field, which was generally perceived to be the
domain of member states or their cooperation within the third pillar,18 by two its famous
rulings on Environmental crimes19 and Ship source pollution20. The ECJ delivered its
judgement on Environmental crimes upon the respective action brought by the Commission,
which asserted that the Council had encroached upon its competences under the TEC by
adopting framework decision on the protection of environment through criminal law under the
third pillar. The ECJ took the same view and annulled the challenged framework decision on
grounds that it indeed encroached on the powers which Article 175 of the TEC in the area of
environment confers on the Community21. As a starting point the ECJ stressed that Article 47
of the TEU provides that nothing in the TEU is to affect TEC.22 Then the ECJ examined both
the aim and content of the challenged framework decision and realized that indeed the main
purpose of the adopted measure was the protection of the environment. As regards implied
competence to criminal regulation within this field, the ECJ firstly stated that as a general
rule, neither criminal law nor the rules of criminal procedure fall within the Community’s
competence.23 However, the ECJ did not stop here, but went further on to hold that the
Community legislature is not prevented to adopt measures which relate to the criminal law of
the member states 1) which it considers necessary in order to ensure that the rules which it
lays down (on environmental protection) are fully effective and 2) where the application of
effective, proportionate and dissuasive criminal penalties by the competent national
authorities is an essential measure (for combating serious offences).24
This controversial judgement gave of course a strong weapon in the hands of Commission,
which interpreted its implications very extensively both as regards the fields of Community
18 However, also the previous case-law of the ECJ show form the 1980s, that even at that times the field of
criminal policy was not completely immune from the operation of Community law, especially when the principle
of effectiveness and equivalence or non-discrimination were at stake (see, judgement 68/88, „Greek Maize,“ 21.
9. 1989 or judgement 186/87, „Cowan,“ 2. 2. 1989) or when disproportionate (criminal) restrictions on freedom
of movement arose (see, judgement C-118/75, “Watson and Belmann,” 14. 7. 1976 or judgement C-265/88,
“Messner,” 12. 12. 1989), See very brilliant summary in: Kmec, J.: Evropské trestní právo. Mechanismy
europeizace trestního práva a vytváření skutečného evropského trestního práva, Praha: C.H.Beck, 2006, s. 230.
19 C-176/03, „Environmental crimes,“ 13. 9. 2005
20 C-440/05, „Ship source pollution,“ 23. 10. 2007
21 C-176/03, „Environmental crimes,“ 13. 9. 2005, para 53.
22 Ibid. at para 38.
23 Ibid. at para 47.
24 Ibid. at para 48.
policies to which it may be applied and the intensity of the criminal regulation itself25 and as
A. Dawes and O. Lynskey in their brilliant reflection of this case put it – some of its
conclusions drawn (such as the power to decide under the first pillar policies on the choice of
the criminal penalties to be applied) were even contradictory to the judgement itself26.
The second judgement of the ECJ on Ship source pollution27 was expected with hope that it
will bring answers to the open questions which the ruling on Environmental crimes remained
unresolved. However, the ECJ judgement seems to be rather disappointing in this respect. The
answer to the question, whether the criminal competence under the first pillar should be
derived from the necessity to ensure the effectiveness of the (crucial) Community policies, as
the Advocate General Mazák suggested in his opinion28, or is limited solely to the
environmental policy, is somehow ambiguous. The ECJ confirmed that the challenged
measure could have been validly adopted under the first pillar within the specific competence
under the transport policy, however the ECJ emphasized the link with environmental
protection in this case as well.29 Fortunately, at least another issue on the intensity of criminal
legislation within the first pillar was clearly resolved, by stating that under the first pillar the
Community does not possess the power to impose the type and level of criminal penalties.30 It
should therefore limit itself to imposing effective, proportionate and dissuasive criminal
penalties and leave it up to the member states to specify them in their respective criminal
systems.31
To sum up the case-law of the ECJ in the third pillar it may be concluded that many
Community principles, rules, mechanisms and concepts (such as indirect effect, principle of
loyal cooperation, principle of liability for damages, right to defence, principle against double
jeopardy and general principles including human rights and legal certainty) developed under
the first pillar were (some of them possibly) transposed within the third pillar by the creative
case-law of the ECJ. The magic word of effectiveness played the most important role in its
case-law as introduced in Pupino and confirmed in later ECJ judgements (besides those
25 See doc. COM 2005 (583), dated 23.11.2005, Brussels, Communication from the Commission to the European
Parliament and the Council, particularly para 10, where it states that the member states freedom to choose the
penalties they apply may be limited by the Community legislature, if the effectiveness of community law so
requires.
26 See, Dawes, A., Lynskey, O.: The ever-longer arm of EC law: The extension of Community comeptence into
the field of criminal law. Common Market Law Review, 2008, č. 45, s. 138, 139.
27 C-440/05, „Ship source pollution,“ 23. 10. 2007
28 Opinion of the Advocate General Mazák C-440/05, „Ship source pollution,“ 23. 10. 2007, paras 88 – 102,
especially 99.
29 C-440/05, „Ship source pollution,“ 23. 10. 2007, paras 66, 67, 69.
30 Ibid. para 70
31 See, brilliant reasoning in this respect in the Opinion of the Advocate General Mazák C-440/05, „Ship source
pollution,“ 23. 10. 2007, paras 106, 107, 108 and further.
mentioned above Segi32 and European arrest warrant33 judgement of the ECJ may be added).
Third pillar of the Union temple started to be progressively rebuilt by the ECJ. And the
Lisbon Treaty accomplished this work in high style.
Third pillar “lisbonised” – communitarization with some specific characteristics
accomplished
If the Lisbon Treaty is to be ratified by all of the member states and enters into force, then the
third pillar will diminish and the institutional balance and functioning of the area of police and
judicial cooperation in criminal matters will be largely transformed. This area will be
“lisbonized,” i.e. will be governed mostly and largely by supranational principles, rules and
mechanisms, which are today called the Community ones.
The role of the institutional actors will change significantly. The Commission, the EP, the
ECJ as well as national parliaments (NPs) will gain a lot of new power in this domain. By
contrast, individual member states will lose their right to legislative initiative (only ¼ of them
together will retain this right – see Article 76 TFEU) and more importantly, in principle, also
the veto power in the decision making process, which will be newly subject to co-decision
with the EP. Furthermore, member states will be subject to infringement procedure, where
both the Commission and the ECJ will exercise their prerogatives (including supervising and
penalizing ones) in order to ensure that the union law is observed.34 The ECJ will be attributed
by the full jurisdiction over this field at the same time (only with one exception: the ECJ will
have no jurisdiction to review the validity or proportionality of operations carried out by the
police or other law-enforcement services with regard to the maintenance of law and order and
the safeguarding of internal security35). Moreover, the ECJ may develop its human rights
case-law, thanks to the binding force of the Charter of Fundamental Rights of the Union (see,
Article 6 (1) TEU in conj. with the Charter itself). Especially in the field of criminal matters
such a case-law may play a very important role. It will be seen how the relationship with
ECHR Strasbourg Court but also national constitutional courts will develop in this respect.
With the new Lisbon Treaty the Commission may turn to the real “engine” of the
development of “European criminal area”. Its strength and influence derives not only from its
32 C-355/04 P, „Segi,“ 27. 2. 2007
33 C-303/05, „European arrest warrant,“ (Advocaten voor de Wereld VZW), 3. 5. 2007
34 However, according to the Protocol (No 36) on Transitional Provisions the infringement procedures and the
new ECJ jurisdiction will apply (at the latest) after 5 years from the entry into force of the Lisabon Treaty, if the
relevant measures will not be amended before.
35 Article 276 of the TFEU
legislative monopoly (however, as mentioned above it will be shared with ¼ of members
states), but mainly, in my view, from a firm and very broad legal bases for its activities in this
field, as regards legislation in the field of substantive and procedural criminal law and
cooperation and assistance in criminal matters (but also as regards operational and nonoperational
police cooperation). The concrete competences within these fields are defined
with a certain precision. Compared to the current regulation in articles 29, 31, 34 of the TEU,
they are more elaborated but much more extensive as well. They fall within the area of the
so-called shared competence (see, Article 4(2)(j) TFEU), however, the modified version of
pre-emption should apply in my view in this area (see, Article 2(2), read in conj. with Article
2(6) TFEU), because only minimum rules on certain aspects of procedural and substantive
criminal law are allowed to be adopted (see, Article 82 (2) and 83 (1) TFEU), other aspects
may be added upon the unanimous decision of the Council and consent of the EP. It should
be, however, kept in mind that the substantive criminal competence is supposed to be
potentially expanded also within the harmonized fields, where even the cross-border element
is missing (see, Article 83 (2) TFEU). This competence reflects and develops the potential of
the ECJ judgements on Environmental crimes and Ship source pollution, while making clear
that this competence may go beyond the environmental policy and may extend to virtually all
harmonized policies and contrary to the Ship source pollution may even impose specified
criminal penalties, all this upon the condition if this proves to be essential to ensure the
effective implementation of the particular Union policy.
It is supposed that the measures adopted under all above mentioned competences will be the
directives.36 Unlike the former TEU no exclusion of direct effect is provided for. As a result,
direct effect will be applied in respective relations if classical conditions will be fulfilled
(measure is clear, precise, unconditional). Of course, it must be assumed, in my view, that
also other current Community (and future Union) principles (anyway largely transposed to the
third pillar through the Pupino ruling and its implications) must apply, if no separate
framework is provided for this area.
Finally, the crucial element of the new framework for police and judicial cooperation in
criminal matters will be the introduction of co-decision procedure (EP and Council sharing
legislative competence) and qualified majority voting within the Council in this field.
36 Only the measures under the article 82(1) TFEU within the field of criminal cooperation and assistance
(recognition, conflict of jurisdiction, facilitation of criminal cooperation as regards proceedings in criminal
matters and the enforcement of decisions) could be adopted even by regulations under the qualified majority
voting.
However, some specific characteristics will apply as well. The so-called mechanism of
emergency brake and enhanced cooperation shall apply in this context.37
As regards the emergency brake, each member of the Council will be entitled to suspend the
ordinary legislative procedure and refer the draft directive to the European Council, when it
considers that fundamental aspects of its criminal justice system would be affected. Within
the time limit of four months the European Council may find the consensus. If this procedure
fails, nine member states will be able to establish enhanced cooperation among themselves on
the basis of draft directive concerned (see Article, 82 (3) and 83 (3) TFEU), while no further
approval is required.
A kind of modified mechanism shall apply in the context of the possible establishment of the
European Public Prosecutor´s Office as well as in the sphere of operational police cooperation
where unanimity is required. In these cases, a group of at least nine member states may refer
the matter to the European Council. Again, if the consensus is not reached within four months
in the European Council, at least nine member states, if they wish so, may establish enhanced
cooperation among themselves in the particular matter, while no further approval is required
(see Article 86(1) (2, 3), 87 (3) (2, 3) TFEU, enhanced cooperation, however, shall not apply
to the development of schengen acquis).
As regards the strengthening of the role of the EP, it has already been mentioned that the EP
will win much of the power in this field. First and foremost, when the ordinary legislative
procedure shall be applied the EP should be treated on equal footing with the Council. It will
be a striking change from the current state of affairs where its role is in principle limited only
to consultation and giving non-binding opinions or issuing declarations. In cases where
unanimity decisions will be taken its consent will be required. However, as some authors
regret,38 there will be still blind areas, where the EP shall not exercise its capacity, such as the
area of defining the strategic guidelines for legislative and operational planning within the
area of freedom, security and justice (Article 68 TFEU)39.
Finally, the new role and powers of the national parliaments (NPs) should not be
forgotten. The main new competence, they are granted, is that of the control of the principle
of subsidiarity (and possibly proportionality as well).40 In this area if ¼ of the NPs (each
parliament holding two votes, in bicameral systems one for each chamber) claim breach of the
37 This will, however, not be the case of the competence under article 82(1) TFEU, see the previous note.
38 Weyembergh, A.: Approximation of criminal laws, the constitutional treaty and the Hague programme.
Common Market Law Review, 2005, č. 42, p. 1595, 1596.
39 See the Tampere programme, Hague programme and its Action Plan, accessible at: http://europa.eu/
40 See Article 5 TEU, Article 69 TFEU, Articles, 6 a 7 of the Protocol on the application of the principles of
subsidiarity and proportionality (2007) attached to the Lisbon Treaty.
subsidiarity principle within the 8 weeks from the submission of particular proposal, the
challenged measure must be reviewed by the Commission and decision on maintaining,
withdrawing or amending the measure must be explained. This procedure is called “yellow
card” and as shown cannot block the legislation. Only if ½ of the votes of NPs claim the
same, then first the proposal might be blocked by the majority of the EP or 55% of the
Council. This so-called “orange card” seems to me, however, nearly useless because such a
majority would anyway block the proposal. The “red card” is then used within the context of
general passarelle, or deepening clause, which enables each and every NP to veto the decision
of the European Council to move from unanimity to qualified majority voting (or ordinary
procedure) (see, Article 48(7) TEU)41.
Pros and cons, opportunities and risks of the new framework
The most interesting and challenging issue, I will try to deal with now, is to point (on the
basis of attained experience and concrete examples) to the possible advantages and
disadvantages, as well as opportunities and risks, which the new framework may bring in
contrast to the current state of affairs in the explored area of criminal matters.
In my opinion, the new legal framework may cut off some of the shortfalls inherent in the
current system. The qualified majority voting within the Council may indeed contribute to
attaining better and faster compromises (at least when the emergency breaks are not
activated42) and replace the current prolonged negotiations which more importantly often lead
to the vague and broad compromises, sometimes entailing special exemptions etc.. This “bad
habit” has problematic repercussions both as substantive and procedural aspects are
concerned. First, from a substantive point of view, vague and broad provisions within the
criminal measures may run counter the substantive legality principle,43 the fundamental
principle of a particular importance especially within the criminal field (nullum crimen sine
lege, nulla poena sine lege). Furthermore, the relevant provisions of adopted measures are
often constructed in order to ensure that member states will not be forced to change their laws,
however, then any regulation might become useless and practical added value might be
41 For me it is regretable that at least within the competences under Article 82(2(d) and 83 third par. This
procedure is not envesiged. Such a regulation would support in my view the constitional conformity of these
provisions.
Critically to this mechanism see Monar, J.: Justice and Home Affairs in the EU Constitutional Treaty. What
Added Value for the ‚Area of Freedom, Security and Justice‘ ? European Constitutional Law Review, 2005, č. 1,
p. 241..
43 See, Weyembergh, A.: Approximation of criminal laws, the constitutional treaty and the Hague programme.
Common Market Law Review, 2005, č. 42, p. 1588 – 1590.
missed. On the other hand, these vague and broad definitions may be “sent” to the ECJ, which
then may give a more specific and controversial meaning to their words, also contrary to the
intent of its drafters and legislators (see some judgements on ne bis in idem). Thus
paradoxically the meant advantage may turn to be a great disadvantage for its creators as well.
On the other hand, there is no doubt that the introduction of qualified majority voting to a
large area of substantive and procedural criminal law and certain aspects of both police and
criminal cooperation might give rise to undue over-regulation, centralization and unification,
which will not take into account legitimate national specifics arising from different
environments and legal traditions. To find the blocking minority in the qualified majority
environment will be much harder than it is in the current unanimity environment (indeed,
practitioners argue that even in the environment of unanimity it is practically necessary to find
at least some other “co-fighters”). In this environment the Commission will be able to push
ahead much more comfortably its proposals, even problematic ones. Let´ s mention two
examples from the procedural and substantive criminal field – one abandoned, one still
negotiated. The first was a draft framework decision on certain procedural rights within the
criminal proceedings44. This draft was put to the ice, when one “big” (UK) and about four
“small” states (including the Czech republic) effectively rejected it. There were good reasons
for such a stance, in my view. Besides the unclear legal basis (which under the Lisbon Treaty
will no longer be the case) there were among others reasonable objections as to the added
value of this measure, in this field, which has already been well occupied by the ECHR rules
and the Strasbourg case-law, which could be threatened or weakened through the possible
divergent case-law of the ECJ. Another example of the problematic criminal law proposal of
the Commission, in this case from the substantive criminal law field, both as regards legal
basis (again with the Lisbon Treaty the competence will be also clearly established in this
field and it will not be necessary to found it on extensive reading of the expansive ECJ caselaw
as introduced in Environmental crimes and Ship source pollution) but mainly as regards
the lack of necessity of such a regulation, is the Commission proposal for a directive on
sanctioning of employers of illegally staying third country nationals45, which includes also the
proposals for criminalizing the employers of third country nationals. This directive (among
44 See, document 10287/07, Brussels, 5 June 2007, Proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union.
45 See, document COM(2007) 249 final Brussels, 16.5.2007, Proposal for a directive of the EP and of the Council providing for sanctions against employers of illegally staying third-country nationals, especially Art. 3, 10 – 13. other objections) seems me to be both contrary to the principle of subsidiarity and proportionality, especially for the lack of a clear justification. It was not explained, if the member states are really not able to tackle the illegal immigration on their own. It was not shown that this proposal might serve its aim (really effective fight against illegal
immigration). No statistics were delivered as regards the so-called secondary flows of illegal
immigrants and so-called “nasty” employers, who are able to “count well” and “run their
business with illegal migrant workers” if not harshly criminalized by the Community.
Proportionality was not considered properly as well (should not it be left up to the member
states to decide on criminal or administrative sanctioning). Also some of the concepts
involved (e.g. exploiting working conditions) could be objected from the point they contradict
the substantive legality principle and other elements for other reasons (proportionality of
criminalizing 4 illegal migrants or repeated employment of illegal migrant workers). Last but
not least the criminal law imperative of ultima ratio was not in my view well observed as
well.46

I will stop here. I just wanted to illustrate, the problems, which occur in the criminal field
nowadays and which may effectively be aggravated if the Lisbon Treaty comes into force.
However, to be fair, it must be remembered that with the Lisbon framework not only qualified
majority comes, but also emergency brakes and enhanced cooperation, as well as somehow
strengthened subsidiarity control exercised by the NPs may be applied. If these brakes were
not inserted in the Lisbon Treaty framework, I would probably argue without any hesitance,
that the new framework creates a dangerous engine, which will produce possibly harmless
(procedural rights) and unnecessary (criminalizing employers of illegal migrants) Union
criminal legislation. Because, the brakes are there, I am cautious to absolutely reject the new
framework. However, I admit, that it is the question, whether these brakes are sufficient,
especially when considered in the whole context, where the ECJ gained the full jurisdiction
over Union criminal matters, The Commission its infringement powers and the
integrationistic-oriented EP gained in principle the equal legislative powers as the Council.
To sum up, the Lisbon treaty does form a kind of risk and a great deal of adventure at the
same time. But maybe the actors will surprise, manage and pass the test somehow. Maybe,
they will not.
46 I had an opportunity to take part in a partly negotiating of this instrument and preparing positions of the Czech republic as well. However, these are my personal remarks and reflections only. See also brilliant critical reflection on the same matter in: Dawes, A., Lynskey, O.: The ever-longer arm of EC law: The extension of Community competence into the field of criminal law. Common Market Law Review, 2008, č. 45, p. 147 – 151 and as regards the possible IP criminal area and competition area, 145 – 147, respectively 151 – 155.

Will the advantages or disadvantages prevail? The result of the play or the whole game will
depend upon many variables. Will the ministers invoke fundamentals of their respective
criminal systems? Will the European Council be able to come to consensus or will it start in
fact enhanced cooperation? Will the enhanced cooperation be exercised? Will those states,
which will abstain resist or be integrated? Will not be then the mutual trust (which seem to be
a fiction in fact nowadays) even more undermined in the multi-speed criminal arena of
enhanced cooperation and more confusing for the law enforcement authorities on the one side
and more attractive for forum-shopping and safe havens-loving criminals on the other side?
Will the NPs boldly take up their roles? Will they raise yellow and orange cards? How will
the Commission and the respective ministers react? And what about the ECJ?
These are the open questions and challenges the Lisbon Treaty brings.

Lets´ come and see. No boring films, no soap operas, are expected. Drama, thriller will come.
Welcome in new “lisbonized” criminal area!

Conclusion
In this paper I focused on describing and analyzing the main developments within the third
pillar of the EU and beyond. I showed, how this intergovernmental pillar and criminal matters
as such have been influenced and subjected to the Community principles, rules and
mechanisms, especially by the expansive ECJ case-law, represented by the judgements such
as Pupino, Environmental Crimes or Ship source pollution. Then I turned my attention to the
novelties introduced by the Lisbon framework in the explored area, both as regards
institutional and functional aspects of the new order, while emphasizing some unique
characteristics newly introduced (emergency brake, enhance cooperation). Finally I tried to
sketch the future advantages, respectively disadvantages and risks of the new order in this
field. I concluded my paper by raising questions as to the future prospects of this area under
the Lisbon Treaty, which represents a true leap into the unknown in this respect.

Literature:
[1] Craig, P., de Búrca, G.: EU Law – Text, Cases and Materials. New York: Oxford
University Press, 2003, s.178- 228; 257-315.
[2] Čakrt, F.: Nástin komunitarizace v rámci III. pilíře. Trestněprávní revue, 2007, č. 1, s.
4 – 12.
[3] Dawes, A., Lynskey, O.: The ever-longer arm of EC law: The extension of
Community comeptence into the field of criminal law. Common Market Law Review,
2008, č. 45, s. 131 – 158.
[4] Kmec, J.: Evropské trestní právo. Mechanismy europeizace trestního práva a vytváření
skutečného evropského trestního práva, Praha: C.H.Beck, 2006, s. 230.
[5] Komárek, J.: „Tentýž čin“ v prostoru svobody, bezpečnosti a práva. Jurisprudence,
2006, č. 3, s. 51 – 57.
[6] Monar, J.: Justice and Home Affairs in the EU Constitutional Treaty. What Added
Value for the ‚Area of Freedom, Security and Justice‘ ? European Constitutional Law
Review, 2005, č. 1, s. 226 – 246.
[7] Peers, S.: Salvation outside the church: Judicial protection in the third pillar after the
Pupino and Segi judgments. Common Market Law Review, 2007, č. 44, s. 883 – 929.
[8] Spaventa, E.: Opening Pandora´s Box: Some reflections on the Constitutional Effects
of the Decision in Pupino. European Constitutional Law Review, 2007, č. 3, s. 5 – 24.
[9] Týč, V.: Působení práva Evropské unie ve sféře českého právního řádu In: Evropský
kontext vývoje českého práva po roce 2004: sborník z workshopu konaného na
Právnické fakultě MU v Brně dne 26.9.2006. 1. vyd. Brno: Masarykova univerzita,
2006, s. 10-28.
[10] Weyembergh, A.: Approximation of criminal laws, the constitutional treaty and
the Hague programme. Common Market Law Review, 2005, č. 42, s. 1567 – 1597.
Case-law of the Court of Justice:
[1] C-105/03, „Pupino,“ 16. 6. 2005
[2] C-176/03, „Environmental crimes,“ 13. 9. 2005
[3] C-440/05, „Ship source pollution,“ 23. 10. 2007
[4] C-355/04 P, „Segi,“ 27. 2. 2007
[5] C-303/05, „European arrest warrant,“ (Advocaten voor de Wereld VZW), 3. 5. 2007
Kontaktní údaje na autora – email:
michael.svarc@volny.cz

Tuesday, May 4, 2010

The Alaska Food Policy Council

http://www.eurunion.org/eu/index.php?option=com_content&task=category&sectionid=7&id=125&Itemid=59
L to R: EU Common Foreign & Security Policy High Rep. Javier Solana, US President Barack Obama, European Commission President José Manuel Barroso & Swedish Prime Minister Fredrik Reinfeldt- EU-US Summit, Washington, DC, November 3, 2009.

The April 2010 Farm Service Agency's FSA News includes this:
First Meeting of the Alaska Food Policy Council, May 18-18, Anchorage
"A diverse group of Alaskan interested in forming the Alaska Food Policy Council will convene in Anchorage on May 18. These stakeholders are all experts in their field and critical to building a viable food system in Alaska. The Council will work together over the next two years to develop comprehensive food solutions and strengthen our economy, our food security and our health. Mark Winne of the Community Food Security Coalition will be there to talk about his successful experience in other states and help Alaska kick off this collaborative effort. Please contact Diane Peck at 907.269.8477 or dianne.peck@alaska.gov for more info." {emphasis added}
One of my neighbors circled this press release and brought it by last month. I almost used it for fire starter. I had just gone through another rude awakening about people I meet on the internet because of my research. People expect me to be so much more than I am, and whenever I exchange more than a couple emails it has the potential to backfire. Now I see how badly it can go if I don't stay aloof until I know them better. If I respond to an emotional email with encouraging words, most people thank me and that's that. Others exchange a few more, and then they're gone. I meet some very interesting people and rarely, but sometimes, they become our friends. On the other extreme, some expect me to become their new best friend only because I understand their pain.

I used to feel totally responsible for the grief the ACL causes thinking people. I've carried around this stupid sense of duty for everything associated with writing about the Plan ,but it was my readers' sorrow that touched me the most. It's been awful knowing I'm feeding their pain, even though by the time most readers find my work they already have a good sense of how bad things are. It's almost impossible for me to ignore these emails, and sometimes I get a lot of them all at the same time, usually after I get published at rense or nwvs.

Nobody who knows me RL would accuse me of scurrying off, covering my own ass and hoping I find a way to escape the NWO. I really and truly believed that the only reason Americans still have their historical constitutions is because each and every one of us will fight to keep it for posterity. I learned very quickly in Seattle that is not what other people believe. But it still made me furious to read Etzioni chastising Americans for not doing our part in our communities.

Etzioni's organization thinks it's their job to teach me, you, and everyone else what responsible citizenship is. Etzioni is the NWO guru, his books teach our politicians how to force people into accepting the new theory of community. So how is it possible nobody in America is debating Etzioni besides me. So many now are speaking out for our nations' founding principles, the same ones Etzioni says are outdated and "dangerous." But very few Americans seem to want to attack the man behind the sustainable community builders. Etzioni's words become law, yet his name never comes up when people discuss the laws he writes for us. He's the Invisible Man.

I thought I had to be available to talk about communitarianism, that I had to keep pestering the universities and Etzioni for a public debate. I volunteered on several lawsuits and made 27 binders with over 2500 PDA, FOIA and agency documents. I donated time to property rights cases related to the 4th Amendment suit (Dawson) I worked on for 2 years before it was filed. I wrote a thesis disputing Etzioni. We built an enormous website with a 100 long pages filled with 10,000 good links. After all that, I thought I had to keep writing new articles and keep trying to explain the ACL information. I did radio, which I hated, and made my location more public than most sane people would. I have never hidden from my enemies. I've had visits from a criminal justice professor, a terrorist analyst for the Pentagon, and I was totally open to meeting anyone who wanted to meet me. I'm an old furry from the 80s, have been meeting people I met online in RL for over 20 years. I've met some real decent people, some who I consider friends even though we've never met RL. But the last couple years have taught me that I made myself too available to strangers who find me through my ACL work.

So anyway, because I had just spent all night dealing with an internet fiasco and was overtired and cranky, when my friend brought these publications, I told him I didn't care anymore about what happens to America under the Plan. He didn't deserve that kind of response from me. This man is one of the few people I know out here who read our books before we became friends. So our conversations naturally include various aspects of the Plans and how we're being manipulated into accepting them. I know he reads the blog sometimes too, he's very familiar with what I study, so I'd like to apologize for asking so rudely what he expected me to do with it, and thank him for his gracious response. After I reread it a week or so later, I knew I had to keep it handy for when my laptop got fixed, and filed it with my gertee plans. I needed time to research the unfamiliar terms and programs they mention before I posted it here.

What is a Food Policy Council?
Food Policy Councils (FPCs) bring together
stakeholders from diverse food-related sectors to examine how the food system is operating and to develop recommendations on how to improve it. FPCs may take many forms, but are typically either commissioned by state or local government, or predominately a grassroots effort. Food policy councils have been successful at educating officials and the public, shaping public policy, improving coordination between existing programs, and starting new programs. Examples include mapping and publicizing local food resources; creating new transit routes to connect underserved areas with full-service grocery stores; persuading government agencies to purchase from local farmers; and organizing community gardens and farmers' markets.

While FPC's are not a new concept, their structures, practices, and policies are still
evolving. Although the first Food Policy Council started 25 years ago in the city of Knoxville, only in the last decade have Food Policy Councils really gained momentum, and today there are almost 50 councils nationwide.

Currently no U.S. government entity has a Department of Food, so food-related issues are addressed by various agencies. This severely limits the potential for coordination, and for government to address broad goals such as improving access to healthy foods. Since they bring together a cross-disciplinary group of stakeholders, Food Policy Councils can help to
bridge this gap and identify ways to address interconnected issues and improve the food system. {emphasis added} http://www.foodsecurity.org/FPC/


What's a Community Food Security Coalition?

August 1, 2009 - Strategic Road Map Approved

CFSC's strategic plan has been approved! This plan will guide our work over the next four years, based on eight strategic goals that include building political voice and power, increasing community-based capacity building, and improving membership engagement. Staff, board, members, and consultants worked hard over the past year to develop this plan, and many others provided input to the process.

'Action teams' fleshed out plans for each strategic goal this spring, and a complete draft plan was developed in early June. At a board-staff retreat in North Carolina, we reviewed this draft and made a few changes, most importantly adding a goal focused on social justice, inclusivity, and anti-racism. (Earlier the group had decided to integrate this goal throughout the plan rather than separating out, but we later agreed that making it a distinct goal would give it more emphasis.) We also drafted a new mission statement:

The Community Food Security Coalition catalyzes food systems that are healthy, sustainable, just, and democratic by building community voice and capacity for change.

The board formally approved the plan at the retreat, and staff and board identified priorities for implementation. CFSC is still completing the action plan details for the social justice goal and developing a communications strategy for the new plan, which will be shared with members soon. http://www.foodsecurity.org/

Is there already an Alaska Food Policy council? If there is, and it has a website, why wasn't that information included in the above FSA press release?

The Alaska Food Policy Council

At the ‘top’ or policy level tier of our Local Foods Campaign, ACE is working to implement policy that will strengthen Alaska’s food system.

As of 2010, ACE has teamed up with the Alaska Department of Health and Social Services Obesity Prevention and Control Program, the US Department of Agriculture (USDA), the Farm Bureau, the Alaska Division of Agriculture, and AK Root Sellers to form the first Alaska FoodPolicy Council (FPC).

The long term goals of the Food Policy Council will be to identify barriers to building a viable Alaskan food system, create a strategic plan to address these barriers, and make the necessary recommendations to decision makers to implement this plan. Diverse stakeholders from around the state have been invited to participate, including representatives for commercial farmers, farmers’ markets and CSAs; fisheries and fish processors; distributors; institutional purchasers; private-sector businesses; legislators; consumers; Alaska Native tribal organizations; food


The first in-person meeting of the AK Food Policy Council is on May 18th and 19th in Anchorage. Over 60 stakeholders have been invited to participate. The meeting will begin with an all-Alaskan lunch catered by Rob Kineen of ORSO, a presentation on ‘What is a Food PolicyCouncil?’ with national expert Mark Winne, and a lay of the land Expert Panel presentation to discuss ‘Food Issues in Alaska’. For the next two days, the group will begin to take on the task of forming the FPC itself, including setting the overall direction and forming subcommittees to continue the work over the next several years. Ultimately, the FPC will create a strategic plan to address hurdles to building a strong food system, and advise decision makers on how to implement this plan.

There are already about 50 FPCs across the country, so as we grow we have many opportunities to learn from other groups. To learn more about FPCs, check out the Food Security Coalition website.

ACE envisions the establishment of this FPC as the first step toward a longer term goal of establishing a more permanent entity. During the second session of the 26th Alaska State Legislature, ACE had the opportunity to meet with a diverse group of legislators, all of whom received the idea to form the AK Food Policy Council with enthusiasm. Learn more about the potential for legislation supporting a stronger AK food system by checking out our proposal for an Alaska ‘Food, Farms, and Jobs’ Act.

Feel free to e-mail Alli with questions, or call 274-3662. Please check back to this website for updates on the work of the Food Policy Council.

http://akcenter.org/sustainable-communities/local-food/policy
Identify the barriers? Do barriers include all the non-expert Americans who didn't vote to change their constitutional system for communitarian soviet rule?

Decisionmakers? Who makes the decisions in this country? Who advises the decisionmakers? The experts? 60 stakeholders? Is this an organized effort happening all over the nation? Absolutely. http://www.statefoodpolicy.org/?pageID=profiles

The communitarians are "building a better food system - strengthening food democracy." Sound good to you? How can the communitarians teach Alaskans to tie their new health related food COUNCILS to the economy and security too? http://sitkalocalfoodsnetwork.org/2010/03/30/%E2%80%A2-alaska-food-policy-council-created-to-examine-how-our-food-system-relates-to-our-economy-security-and-health/

Now.. the FSA report did not include an invitation. I do not know if there was a public notice in every newspaper in the state inviting the public to attend and contribute their expert opinions. But isn't it interesting how the Global Food Collaborative members were invited? They're a group who "facilitate business along the chain of food, beverage and agri-products." Their partners teach webinars on compliance with regulatory agencies and hiring for the industry. They "promote sustainable harvest practices and good environmental stewardship."

Alaska Food Policy Group Organizes

Alaska Food Policy Council

May 18, 12pm to 5pm and May 19, 8am to 12pm Anchorage, Alaska

Attention Alaska Residents

You are invited to participate in a diverse group of Alaskans interested in forming the Alaska Food Policy Council.

We would like your help in examining how our food system relates to our economy, our security, and our health. The Alaska Food Policy Council will provide an opportunity to connect the wide variety of food system stakeholders and begin to develop comprehensive solutions toward building a stronger Alaskan food system.

The first face-to-face meeting will be held May 18 & 19 in Anchorage with Mark Winne of the Community Food Security Coalition (http://foodsecuirty.org/) facilitating. Our goal will be to learn about Food Policy Councils, consult with experts such as yourself to establish the lay of the land in Alaska, and to begin to set the direction our Food Policy Council will take.

Seating is limited! For more information or to RSVP, please contact Diane Peck at 907-269-8447.

http://www.globalfoodcollaborative.com/news/2010/04/06/alaska-food-policy-group-organizes-.html
It's not clear why they call themselves a global collaborative, it appears to be all Alaskan businesses or organizations, except for the training companies. And the site is a pretty good resource for Alaskan products, it's hard not to notice the ads for locally produced fish so I want to like these people! But I can't, can I? Their website administrator's last post is a case for a Harmonization Czar, "I love the word harmonization. Don't you? It sounds so peaceful and comprehensive of a full and complete solution..... The Harmonization Czar must be at the top of the organizational structure and have the ability to influence change. They must be able to see themselves as an advocate for small and medium-sized business and work across all agengies. " http://www.globalfoodcollaborative.com/blogs/we-need-a-harmonization-czar.html

At the international level we can find more about the experts on food security councils a little higher up the food chain. At the International Food & Agricultural Trade Policy Council the first listed member is Bernard Auxenfans, "He began his career at Monsanto in 1969 as a sales representative in France." The next one is a "director of Embryo Technologies Ltd." Another was "was the president of EuronAid, a European operational NGO network, specialized in the field of food aid and food security. Bukman also served as special advisor to the director general of the Food and Agriculture Organization of the United Nations for the World Food Conference in 1995." It's a very long list of farmers and goat herders. http://www.agritrade.org/about/member_bios.html

So where do Food Policy Councils fit into the international communitarian system? We need only look to the model for all emerging regional trade unions, the European Parliament: http://www.europarl.europa.eu/comparl/envi/default_en.htm

The Environment, Public Health and Food Safety Committee of the sixth legislature has 68 Members, drawn from the political groups in the proportions indicated in the table below. It is served by a secretariat of 10 administrators.

Its competences have been changed only slightly from those of the fifth legislature. Horizontal consumers policy issues are now the responsibility of the Internal Market Committee and the Environment Committee has a explicit reference in its title to its responsibility to food safety issues.

Its most close Commission interlocutors are: DG Environment and DG Health and Consumer Protection as well as DG Entreprise for pharmaceuticals and certain other matters.

The Committee has oversight and political responsibility for the activities of the European Medicines Agency (EMEA), the European Environment Agency (EEA), the European Food Safety Authority (EFSA), the Food and Veterinary Office (FVO) and the European Centre for Disease Prevention and Control (ECDC). It has established a multilayered network of political links in the three areas of its competences and has regular contacts with other European institutions and international organisations. Links with national parliaments' environment, public health and consumer protection committees, and with specialised national agencies have developed.

Gee, isn't it amazing that in the USA there are groups with the exact same goals and objectives of the EU? Isn't it even more amazing that we're establishing the exact same specialised national agencies as the EU? Kind of a miracle that all these grassroots groups spontaneously erupted all over the world at the same time, isn't it. Isn't it kind of too amazing, period? Should the UK, even though they have not adopted EU law, have an EU style Food Policy Council?

Should the USA model policy on the EU?

EU Embassies' Open House, Sat., May 8, 10 am-4 pm, Washington, DC; Europe Week, May 9-16 across US

Join the European Union Embassies in Washington, DC, on May 8 for a day of family fun, food and culture. Free shuttle buses with two routes will drop visitors off at various Embassies. This year the EU is highlighting the theme GREEN EUROPE: GOOD FOR THE ECONOMY AND THE ENVIRONMENT. We want to show, through our own experience, that it is possible to tackle climate change, grow a clean energy economy of the future and become world leaders in reducing greenhouse gas emissions by at least 20% by 2020. Our policies have improved EU energy security and have created new green jobs while fulfilling our social and environmental responsibility.
So what does the EU have to do with the United Nations? Does the UN really have a plan to intervene in the domestic affairs of citizens in these united states?

EU High Representative Ashton Addresses UN Security Council

EU Foreign Affairs & Security Policy High Rep. Catherine Ashton told the UN Security Council on May 4: "First that the EU is strongly committed to an active partnership with the UN: promoting peace, protecting the vulnerable and helping people to live in safety and dignity.
"Second, that this partnership has grown rapidly in recent years and has demonstrated its added value on the ground. There is a good deal we have achieved together. But there is even more work to be done.
"And third, that with the Lisbon Treaty's the EU's potential will increase. We should become more capable; better able to bring politics and economics together. And better at combining different forms of intervention within a political strategy. As a result, I hope we shall be a stronger partner for the UN."
And again, what does American Food Policy have to do with the EU? http://www.eurunion.org/eu/index.php?option=com_content&task=view&id=3530&Itemid=59

Statement on Development Dialogue and Cooperation
The European Union and the United States have agreed to reinvigorate our development dialogue and cooperation in order to improve the quality and effectiveness of our development assistance. In the face of growing challenges to efforts to achieve the Millennium Development Goals (MDGs), sustainable economic growth and poverty eradication, it is more important than ever for the EU and the U.S., the leading providers of development assistance, to work together on some of the world’s most pressing development issues.

We have therefore agreed to re-launch the High Level Consultative Group on Development and to hold annual meetings at ministerial level to advance and guide our cooperation at policy level as well as the achievement of results in the field. The High Level Consultative Group will convene as soon as possible following the Summit to identify and agree outputs under each of the three initial priority topics.

We want to intensify our development policy dialogue and increase cooperation in practical ways to achieve lasting results. In order to improve aid effectiveness, we will accelerate implementation of our commitments under the Paris Declaration and Accra Agenda for Action, with a strong focus on in-country implementation. We will focus our initial cooperative efforts on three common priorities: food security and agricultural development, climate change and the Millennium Development Goals.

• Food Security & Agricultural Development: The initial focus of our joint efforts will be to improve global food security and revitalize agricultural development, with an initial focus on Africa. We will agree on a coordinated approach to identify and resource credible, country-owned food security plans through sustained commitments that advance the L’Aquila principles. In line with the Joint Statement on Food Security made by more than 25 countries and organisations at the July 2009 G-8 Summit in L’Aquila and the proposal from the UN Secretary-General and U.S. Secretary of State Clinton on 26 September in New York, and recognizing the importance of national, regional and global partnerships to advance the food security agenda, we agree to join our efforts and expertise in a Global Partnership for Agriculture, Food Security and Nutrition (GPAFSN). The immediate action is to organise key actors to work with host-country governments to support policy reforms, build public and private sector operational capacity, mobilize additional resources and align resources with country-based strategies. In the context of agricultural development in Africa, we will support country ownership in the framework of the Comprehensive African Agricultural Development Program (CAADP) and comparable consensus-building institutions. We will also work together to improve cooperation at regional and global levels in line with L’Aquila principles.

• Climate Change: We will work to promote enhanced cooperation at the country level in developing countries of mutual interest to ensure effective and efficient actions to combat climate change. We will concentrate our efforts on the development aspects of climate change with particular focus on adaptation through an enhanced exchange of information on adaptation experiences and identifying opportunities for joint work in priority areas such as capacity building, financing of urgent adaptation needs, building on National Adaptation Plans of Action and other country-driven adaptation strategies and supporting the strategic integration of climate resilience in development policies. Furthermore, we will work together to assist developing countries to develop and implement effective low-carbon strategies and take ambitious actions to mitigate the effects of climate change, taking into account outcomes from the Fifteenth Conference of the Parties to the UN Framework Convention on Climate Change in Copenhagen.

• Millennium Development Goals: Over the past nine years significant strides have been made towards most of the MDGs, especially the poverty goal, although progress has been uneven and Sub-Saharan Africa in particular is lagging behind. The economic and financial crisis is now not only threatening the achievement of the MDGs by 2015, but also risks undermining past progress. With only six years remaining before 2015, we recognize that a coordinated international effort is needed to assist developing countries accelerate progress towards the MDGs. Our initial focus will be to agree on a harmonised approach to the September 2010 UN High Level MDG Review. Alongside developing countries, we will focus our joint efforts on actions contributing to the achievement of the MDGs by 2015. On top of delivering on our official development assistance (ODA) commitments, we will concentrate on policy coherence for development and aid effectiveness as well as explore the potential of new innovative financing mechanisms, including new forms of voluntary contributions by citizens and corporations.
{emphasis added}
What's the Millenium Goals?

1. End Poverty and Hunger http://www.un.org/millenniumgoals/poverty.shtml
2. Universal Education
3. Gender equality
4. Child Health
5. Maternal Health
6. Combat HIV/AIDS
7. Environmental Sustainability
8. Global Partnership

The UN wants us all to meet these goals by 2015. They want us to believe they can End Poverty.
About the Millennium Campaign
End poverty by 2015.This is the historic promise 189 world leaders made at the United Nations Millennium Summit in 2000 when they agreed to meet the Millennium Development Goals (MDGs). The United Nations Millennium Campaign supports and inspires people from around the world to take action in support of the Millennium Development Goals. Learn More
Is the Alaska Food Policy Council planning to force Alaskans to meet Millennium Goals? And if they are, how will that be accomplished? And wow, shouldn't I, as a very poor Alaskan, be happy about the fact that in five years I won't be poor? I'll have a sustainable job and my community will have enough food, jobs and security for all. So what if the rest of America won't have any liberty, autonomy or options but to comply and pay for my food... I'd have a real house with plumbing, heat, a propane stove and a full fridge too. No wonder people think I'm a fool.