EMERGING TOTALITARIAN POLICE STATE…?
AND THE THREAT TO BRITISH COMMON LAW RIGHTS
THE EU WILL NOW GET POWERS TO ARREST AND DETAIN BRITISH CITIZENS ON
BRITISH SOIL, UNDER THEIR INQUISTIONAL SYSTEM OF LAWS
TAMPERE, FINLAND, 15-16th October 1999
Many people see Britain as being the home of FREEDOM as we created our
unique system of parliamentary democracy backed by our COMMON LAW. The latter has been
adopted, in various forms, by the other English speaking nations, notably the USA,
Australia, New Zealand, Canada, Ireland and Malta. Our legal system is unique in that it
embodies our concept of the individuals freedom (Power of the People as embodied in
our Common Law) and makes our laws quite different to those of our friends in Continental
Europe. These ancient rights are now under imminent threat from Brussels under a proposal
known as Corpus Juris ("CJ").
How our law differs from that of Continental Europe
- Our Common Law, as far back as 1215 with Magna Carta, states that a citizen can only be
judged by his peers (Section 39). These rights protect the individual against arbitrary
conviction and imprisonment. Our Common Law recognises several vital rights to the
- The right of Habeas Corpus (that the accused must be taken to a public court
within a very short period of time, usually 24 hours, and the accusers must produce their
evidence then and there)
- The right to Trial by Jury at which jurors can in fact even disregard the law if they
think it would give an unjust conviction. The jurors are thus sovereign
- If found innocent, the accused cannot be tried again on the same charge (double
- In other words our process is 1) suspicion,2) investigation, 3) arrest, 4) charge
- Under the Continental system, know as the Inquisitorial System (often loosely referred
to as the Napoleonic system) things are quite different:
- In Europe the sequence of events is 1) suspicion, 2) arrest, 3) investigation and
4) charge. In other words the citizen can be arrested and imprisoned without anyone
having to produce any evidence against him. There is therefore:
- No Habeas Corpus so one can be imprisoned for very long periods (weeks, months,
occasionally years) without any evidence being produced against you
- No right to Trial by Jury as their system involves judgements being made by a career
judiciary who are the judges and prosecutors and who are, to all intents and purposes,
colleagues (a quite separate body of lawyers makes the defence and are often
treated as inferiors)
- In most instances the accused can be tried a second time for the same offence, since the
prosecution has the right of appeal against acquittal.
What is Corpus Juris?
In April 1997 a seminar was held in San Sebastian, Spain, to discuss a
proposal for the Criminal protection of the financial interests of the European
Union (CJ) under the auspices of the Directorate General XX of the European
Commission. Subsequently there have been numerous attempts at denying that the European
Commission has been involved in these proposals and that the meeting was just a non
related discussion group. "The objectives of the seminar were twofold: to seek to
call the attention of jurists in general to the need for effective protection of the
Community budget, particularly in connection with fraud against subsidies: and to make
known the contents of the CJ for protection of these financial interests, which has
been conceived as the embryo of a future European Criminal Code"
The proposals aim to:
- Introduce a single legal area with the European union
- Introduce a European Public Prosecutor ("EPP") with national public
prosecutors being "under a duty to assist" him or her (Article 18.5)
- There will be a "Judge of Freedoms" whose function is ostensibly to
protect the citizens rights, which however do not include the right to demand that
evidence be produced. This means, of course, that an enforceable arrest warrants can be
granted without there actually being any evidence at all, since there is no right to
verify it at that stage.
- A European Warrant of arrest shall be issued by a national judge on
"instructions" of the EPP, and any police force in any member State can be
required to enforce it.
- A suspect can be imprisoned without charge for 6 months, renewable for a further 3
months without any limit to the number of renewals
- The trial shall be heard by professional judges, specifically without
"simple jurors" or "even lay magistrates" (a clear and specific
reference to the British trial system where the crucial decisions are taken by ordinary
- An accused can be retried on the same charge if found innocent (i.e. the prosecution can
appeal against an acquittal)
How can it be imposed on Britain?
- Speaking for the government in Parliament Kate Hoey stated that CJ proposals would
infringe on civil liberties and could not be introduced into Britain as the government
would veto any such move.
- The House of Lords is the only public body in Britain to have reviewed CJ in detail
(HofL 9th and 19th Reports, 1998/99 session). Some of the findings
- They interviewed two EU representatives who stated that CJ could, and will, be
introduced under Article 280 of the Amsterdam Treaty (pages 84 and 85, 9th
Report). Article 280 provides for Qualified Majority Voting so Britain will have no veto.
- Advice from the Law Societies of both England and Scotland stated that CJ was
- In the second HofL report on page 73 Jack Straw, Home Secretary, stated that he was
unaware of any proposals for the introduction of Justice & Home Affairs measures by
Qualified Majority Voting - presumably he never read the earlier report !!!
When may CJ be introduced?
- Basically at any time now that the new European Commission has been established.
- In March the European Parliament "welcomed CJ" in principle with support from
all Britains MEPs bar two Labour MEPs. Subsequently the Conservative MEPs claimed
that they had voted the wrong way by mistake! Presumably the Labour and LibDem MEPs meant
to support the CJ proposals, although Blair has not yet been asked why his MEPs all
flouted his governments stated policy which is to reject CJ. One of the motions
approved stated that CJ could be applied to serious crimes, undefined of
course, opening the door to CJ being applied to areas outside EU fraud.
- On 11th September the Wise Men, who had previously revealed fraud in the
European Commission, recommended that CJ be introduced in a three step programme
clearly designed to sugar the pill so that the British will swallow it:
- Step 1: should just apply to the European Commission and its employees
- Step 2: establish a Prosecutors office in each member state to work with the
national police & courts
- Step 3: link the central and peripheral offices and establish a European
Prosecutors office after holding an Intergovernmental Conference which would clearly
be to ratify the introduction of CJ
- The next European Council of Heads of State & Government takes place in Finland on
15/16 October 1999. On the agenda is the creation of a "single judicial space"
i.e. all of the above.
Can CJ be stopped?
On the face of it probably not. CJ can be brought in regardless
of whether we adopt the Euro or not
A compromise proposal appears to be on the table from Britain which
would introduce the concept of mutual recognition of every EU countrys
legal decisions by criminal courts. This proposal would remove our Habeas Corpus
safeguards and we would accept that a judge in another EU country could order the arrest
of a UK citizen on UK soil under their laws, without having to produce any evidence (in
fact this situation already exists in the case of extradition within the EU) or any
formality whatsoever (it is still possible to produce arguments to resist extradition
requests. This last possibility will be eliminated)
CJ is coming whatever our government may say. It looks likely that it
will be introduced in the time-honoured EU fashion - by stealth. Initially it may well
look innocuous, indeed even desirable. After all, who is going to stand up and say that
fraud with the European Commission itself should not be tackled? Once the principal has
been accepted then it will be much easier for them to apply it as an overall EU Code of
If CJ is imposed and Britain refuses to accept then the issue will go
before the European Court of Justice which surely will uphold the majority decision to
introduce it under Article 280 of the Amsterdam Treaty.
What can be done about this?
As with so many dickats from Brussels CJ is following a well worn path:
a secretive start to the proposal, then disclosure by a whistle blower, then government
and often EU denials ("it is only a discussion paper" "nothing to
worry about" "we can stop it anyway"), followed by its introduction
into legislation by stealth; and then, when the full horror is revealed, a shrug of the
shoulders ("well, it is too late now to do anything")
So what can be done?
- Write to the press, nationally (especially the Sun) and local newspapers
- Complain to your MP and MEP, and demand that they state their position on CJ
- Speak to local lawyers
- Keep up-to-date by following CJ developments in the press (so far Daily Telegraph
and Private Eye) and, if you have Internet access sites such as www.ukdemocracy.co.uk. Contact the Freedom
Association (0171-928-9925) and your local Democracy Movement and UK Independence Party
Branch, one of whom may know about CJ
- On the internet follow CJ developments on EuroFAQ (email@example.com)
- Write to friends and relatives in the USA and Commonwealth, tell them to alert their
Prepared by Torquil Dick-Erikson and Christopher Mowbray (Democracy
Movement, Richmond & Twickenham Branch)
If you require more information or wish to help us inform the British
Peoples of the danger they are in
Do contact Greg@GlanceBack.Demon.co.UK
OR write to Greg @ Glance Back Books,
17 Upper Church Street, CHEPSTOW, NP16 5EX, Monmouthshire
(with a small contribution to costs)
THE CHOICE IS YOURS.
INDIFFERENT AND WE WILL LOSE 700 YEARS OF OUR HARD WON FREEDOMS. ONE OF BRITAINS
FINEST CONTRIBUTIONS TO HUMAN CIVILIZATION IS "LIBERTY UNDER THE LAW" ASSURED BY
OUR COMMON LAW RIGHTS OF TRIAL-BY-JURY AND HABEAS CORPUS.
LET US DEFEND