THE ESM’s ARTICLES: today’s must-read

You don’t get me I’m part of the Union

Draghi reinvents the Divine Right of Kings

Hitler’s 1933 Post-Reichstag Fire Emergency Decree had nothing on the newly drafted ESM Charter. You can read it here in full at the EU website: the mad folks are getting more brazen by the day, but they’re still leaving the nasties until the contemporary MSM journalists get bored: so the really startling stuff doesn’t appear until  Article 32. These are the extracts that matter, quoted verbatim except for the usual deliberately baffling legalese:

Article 32, para 3: The ESM, its property, funding and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of judicial process. (There is one exception – entirely in the ESM’s favour)

para 4: The property, funding and assets of the ESM shall, wherever located and by whomsoever held, be immune from search, requisition, confiscation, expropriation or any other form of seizure, taking or foreclosure by executive, judicial, administrative or legislative action

para 8: To the extent necessary to carry out the activities provided for in this Treaty, all property, funding and assets of the ESM shall be free from restrictions, regulations, controls and moratoria of any nature

Article 35, para 1:  In the interest of the ESM, the Chairperson of the Board of Governors, Governors, alternate Governors, Directors, alternate Directors, as well as the Managing Director and other staff members shall be immune from legal proceedings with respect to acts performed by them in their official capacity and shall enjoy inviolability in respect of their official papers and documents.

There are other worms in this charity tin, but trust me, these two articles are the ones that ensure it really isn’t the standard contract. The Sun headline is this: the ESM can steal your granny’s favourite sherry decanter, and there’s nothing you can do about it; any media hacks investigating grand larceny, murder and mass rape can whistle Dixie; no matter who they subordinate, cheat, or screw over, they’re allowed to, so there; and if I Mario Draghi deems it in the public good to stuff 46,000 gold bars in a Gnome’s private bank, it’s none of your business.

But there is one astonishing phrase in there which I feel duty bound to lift and separate from even this stuff above:

‘The archives of the ESM and all documents belonging to the ESM or held by it, shall be inviolable. The premises of the ESM shall be inviolable.’

The International Law Society definition of ‘inviolable’ is ‘unassailable and impregnable’. Or in one word, untouchable. Or an yet another word, supreme.

Or in a final word, Sovereign.

You have been warned.

Earlier today at The Slog: The friendly business takeover of British Politics Ltd gathers speed as Hunt and Gove push their agendas.

75 thoughts on “THE ESM’s ARTICLES: today’s must-read

    • Sorry MW but I think they *know* it wont cause any *meaningful* trouble, therin lies the problem for those of us who are repeatedly outraged. Sadly there ain’t enough of us to make a difference.

      • @FS.
        When there are enough enraged folk to make a difference, cries of ” You can’t do that to me, I’m immune to prosecution under articles of the ESM ” are likely to fall on deaf ears. I’m sure the French Aristocracy at one time were under such a delusion of divine right, but I think they were overruled. As GrahamD says below, they’ll need a lot of help when the time comes.

      • You’re probably right. They might see a possible flash point down the road but likely after most of the people in charge have moved on from their positions. So they likely feel their decisions now won’t cause personal harm so they’ll just leave it for the next guy to clean up (though they will continue on the same path).

  1. That is truly insidious, dark and very very dangerous. Hitler has indeed been reborn and all the madness that goes with it. Orwell were he alive to day would have been absolutely mortified.

    • @Bodge
      I have lost count of how many i
      times I have referred to Orwell…we live in interesting (and effing scary) times.

      The good news, though, is that JW remembers the Strawbs…”…you won’t get me I’m part of the Union…” says it all, Super Mario…

  2. The premises of the ESM shall be inviolable.’ The International Law Society definition of ‘inviolable’ is ‘unassailable and impregnable’. Or in one word, untouchable. Or an yet another word, supreme.”

    Hmmm ! Well they had better raise their own ESM army too in that case…….

    Charles 1st in 1640 and Czar Nick of Russia in 1917 both came up with similar rules for Divine Right and the wrath of the people proved pretty unstoppable and pretty terminal in both their cases.

    …..mind you, if the good judges of Karlsruhe have read this in detail already and still OK the ESM, then I would also rekon they have been well and truly ‘gotted’ ……if they had not read it till now, it might make Wednesday very interesting!

    Bloody shame that those few paragraphs are unlikely to hit the German popular press by Wednesday…….But we can live in hopes I guess…..

    I thought I was getting a bit old to go storming barracades….but if needs must…..anyway, I should be able to go and get a bit of practice in, either in Athens or Madrid in the next month or two….( or perhaps even in Berlin ! )

      • I agree that the men and women in the funny red outfits know what is going on. I don’t think they will take part in this charade. We shall see.

      • Which one is the Goldman guy? Usually the biggest cheese is the one with the funniest hat, but they all dress the same. Maybe they’re all GS …

    • Haha, the power of many has overruled the ‘supreme’ rule, time after time. They know that, so the wording is only an illusion for the time being. They only buy time to steady the wreck..oops, the ship.

    • “GrahamD – on September 9, 2012 at 7:07 pm, said:

      The premises of the ESM shall be inviolable.’ The International Law Society definition of ‘inviolable’ is ‘unassailable and impregnable’. Or in one word, untouchable. Or an yet another word, supreme.”

      Hmmm ! Well they had better raise their own ESM army too in that case…”

      They are. What do you think the European Gendarmerie Force ( http://www.eurogendfor.org/ ) is for?

      BTW: The EGF actions are, by satute, undisputable by the juridical system of any EU nation…

  3. I have been trying to enlighten people to the ESM for months. Like my Facebook group, I have been wasting my time. On the other hand, IMHO it is the stuff wars are made of……we can live in hope.

    • At least one slogger has posted a very good video on the totalitarian nature of the ESM a couple of times. It’s been translated into several languages and I’ve a feeling the original was german.

      I fail to understand how any of the countries that have so far agreed to it could possibly have done so. It is evil.

  4. At least paragraph 2 of Article 35 states “The Board of Governors may waive to such extent and upon such conditions as it determines any of the immunities conferred under this Article in respect of the Chairperson of the Board of Governors, a Governor, an alternate Governor, a Director, an alternate Director or the Managing Director.”

  5. More interesting I suppose is the motive for making it ‘inviolable’
    Surely suggesting something sinister? Is nobody else questioning this? No, they are not. There is no going back, we are well and truly ‘plowed into the furrow’ They have us where they want us. We are just waking up to that fact.

  6. ‘The archives of the ESM and all documents belonging to the ESM or held by it, shall be inviolable. The premises of the ESM shall be inviolable.’

    “You have been warned.”

    Thanks!

  7. A somewhat enigmatic comment on PI following an article about Draghi/ECB and Merkel suddenly not sharing the opinion of the Bundesbank -

    The original:

    “— EU-besoffenen Finanzminister —
    Muss man unbedingt auf das massive Alkoholproblem des Finanzministers hinweisen und sei es durch die Blume?”

    The translation:
    “- EU-drunk Finance Minister –
    Does one really have to point out the massive alcohol problem of the Minister of Finance, even if in a roundabout way?

    Let’s see what Wednesday brings, when the VG in Karlsruhe delivers its judgement. The General Election in Holland on that day may also bring about a few surprises – fingers crossed for Gerd Wilders. This link makes interesting reading – I’m sure it’ll bring several Sloggers to spitting blood & feathers”

    http://www.stopeuprofiteers.com/

    • Bollocks! he will make squillions not one lousy million if the deal goes through. his job was to get the Qataris who hold $10 billions worth of shares to go along and make it happen. he has to get at least 0.5 % of the deal, that’s $50 million.

    • Truly the face of a depraved ‘homo sapien’. What a vile smirk of self obsessed narcissism, why are so many people attracted to this display of obscenity, truly the ‘elite’ are sewing the seeds of their destruction.

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  9. Sorry, but you’re reading too much into this. Immunity is basically standard for all inter-governmental organisations and their staff. (For example, any employee of the European Commission, or an international in the UN system, is immune to the extent that they pay no income tax anywhere).

    It may be scandalous, and lead to a disastrous, even fraudulent, organisational culture – I’d argue that it does – but it’s not a deliberate plot.

    • thanks for that bit of sanity, mark. of course it may bring down on your head the wrath of some of the “wannabe outraged all the time”. you have been warned !!!!

      • ITG
        Being outraged all the time does not suggest wanting to be. That’s not just odd logic, it is illogical.
        Also 3 exclamation marks are unreasonable.

    • Mark……If you can’t take a peek into the archives of the ESM it does smell like a deliberate plot to me. What about freedom of information?

      ..The archives of the ESM and all documents belonging to the ESM or held by it, shall be inviolable. The premises of the ESM shall be inviolable.’

      • It’s still standard. Look at the Vienna Convention on Diplomatic Relations or the articles of any inter-governmental organisation. Perhaps (and probably) it shouldn’t be standard; but that’s the default.

      • I think the difference here is that we’re not talking about a bunch of diplomats or some typical inter-governmental organisation, we’re talking about an entity that will control the financial operations of the governments of Europe. Effectively that is sovereignty, it’s the stuff that wars have been fought over since the start of history, the fact that such an enormous change is being brought in through the back door and will be run by some international cabal completely free from scrutiny is worthy of being ‘enraged all the time’ about I reckon….

    • Mark
      Sorry, but you can’t dismiss it that easily. Both the US & UK Governments have FOI facilities, rights of appeal, and their organisations (beyond GCHQ and the security agencies) are sued with abandon – the HMRC, the NHS, the IRS, the SEC etc etc.
      My point is that this is an organisation being bestowed absolute sovereign power with none of the accountability. Not even the US military gets that. Nor does the UN, as it happens – which at the end of the day has no real power anyway.
      One simple cannot compare a bunch of tossers like the EU Commission with a mechanism given carte blanche to ride roughshod over any citizen or country’s rights with no form of address.
      Don’t be blase – it is the new naive.

    • Oh I see now, it’s ok to be immune to prosecution over income tax …so it must be ok to be immune to prosecution when defrauding or bankrupting countries. But then, we won’t know anyway as they will be immune to audit. They do say ignorance is bliss.

  10. This sounds like pretty much the same tale of ESM horror that has been doing the rounds among the usual critical (and thus fringe) voices all year. This video is a good (read: nightmarish) summary:

    If the Krimson Kardinals in Karlsruhe (thank you ZeroHedge) judge this monstrosity to be in accordance with the German constitution, then there must be something seriously wrong with either the Kardinals or the constitution (or both).

  11. Quite a plan. Let’s starve people across Europe to death or just threaten to do so and then present ESM as heavenly manna. Nice work. Who said they don’t know how to deal with the crisis? Pandora’s box has just cracked.

  12. They’re not the first to believe they are building a Reich that will last for a thousand years.
    “My name is Ozymandias, king of kings:
    Look on my works, ye Mighty, and despair!”
    Nothing beside remains. Round the decay
    Of that colossal wreck, boundless and bare
    The lone and level sands stretch far away.

  13. ” Article 35, para 1:  In the interest of the ESM, the Chairperson of the Board of Governors, Governors, alternate Governors, Directors, alternate Directors, as well as the Managing Director and other staff members shall be immune from legal proceedings with respect to acts performed by them in their official capacity and shall enjoy inviolability in respect of their official papers and documents.”

    Ahhh ! I expect Evangelos Venizelos gets a good kickback from the inclusion of that paragraph…….he holds the copyright on “laws on political immunity” does’nt he? ;))

  14. John,
    Don’t you have a link to any MP or Lord who you can brief on a regular basis and who will, given the opportunity, be prepared to stand up and at least publicise these matters in the UK parliament?.

  15. The Enabling Act (German: Ermächtigungsgesetz) was passed by Germany’s Reichstag and signed by President Paul von Hindenburg on 23 March 1933. It was the second major step, after the Reichstag Fire Decree, through which Chancellor Adolf Hitler legally obtained plenary powers and established his dictatorship.

    Ironically, and yes legally for Germany of the time Hitler had a full democratic for his evil Enabling Act, but the EU has no such democratic sanction – it is merely a law unto itself. It is time then to call the EU bluff on its self appointed immunity from all legal and legitimate oversight of the status of the ESM.
    It has not been approved by a single EU mwember state which the Commission claims to represent. End of story.
    The emperor is as naked as ever. The ESM’s so called inviolability is null and void and without legal precedent, and we should unremittingly proclaim it so.
    Petitb I think you have it right – let any British government MP stand up and defend this piece of theatre. Why not ask one?

    • That is the worst part of the awful history of that Austrian private, that he came to power in Germany in complete accordance to the Weimar constitution in a legal, fully democratic way. At least he cleverly managed to make it look that way and got away with it. It was, by the way, the then Free State of Brunswick, proud to the neck for its british ties and tradions originating from the hanoverian times, who made him a german citizen in February of 1932 …

  16. Do not tell me you really just now found out on that info regarding the ESM treaty. This paper was leaked last October in German and was all over the net, caused outrage which led to nothing then and has not been changed since, as far as i can see.

    My only hope is that either Karlsruhe will do something or a meteor will hit us or the world financial system will completely crash, or some aliens come around and force us into a different timeline.

    Karlsruhe may surprise us all. Or not. Despite the fact that all these judges are part of the system and that they are under constant and massive political pressure they are usually quite independent in their decisions, and when it comes to the german constitution, the basic law, the court (no matter which judges are currently part of it) is well known to possess *no* humour whatsoever, not even the most tiny bit of it. I suspect they will allow the ESM to not crash the €uro and to spare Germany the blame and in the same moment bind the whole party in such legal chains that Frau Merkel will manage to get her mouth corners even more downwards directed in an instance after the verdict. But if the court will allow that treason to get legal without changes it will be the end of german democracy as we knew it since 1949, and the repercussions of this will be felt deeply and ruin far too much in this country, and this the judges know quite well, i would assume.

    One of the judges, for instance, has been targeted these days as he has been on the board of a respectable €uro-critical association for several years before he was called to Karlsruhe, he was accused of being biased in the case by those who support the ESM treaty. That again caused outrage in many circles of society as it is near taboo to critizise the federal judges and to undermine their reputation in public in that way.

    Then there is the emergency appeal (against the ESM-decision on Wednesday) of last Friday by Herr Gauweiler, a bavarian christian-socialists member, 30 years ago known to be a terrible rightwing pighead, now he has become a spearhead of freedom and middle-class issues for quite some years, gaining a significant amount of credit from many sides for what he does. This emergency-appeal was well placed, Friday late afternoon, and i am sure a lot of people now wish him to drop dead for that. The president of the court has rushed home from holidays, six judges were summoned back on Saturday and the decision will be discussed today and made public tomorrow.

    Hope dies last.

    • @JHM we live in hope.

      btw you are correct about the aliens. It is already happening. But they are meeting with a lot of resistance in certain circles. Natch.

      • @ aflatoxin
        I know. I had endless discussions about that damned prime directive of theirs with those star people for millenia … ;-)

  17. I think the members of the new Reich believe the ‘slow-boiled frog theory’ to be true and that their slow insideous creep to total undemocratic oligarchy will not be noticed by the sheeple until they are bolied.

    Just as the sbf theory is a myth, the sheeple are reaching the point at which they realise that the pot has gone from comfortable and cosy to hot and painful and decide to jump out of the pot.

    I do hope that they jump before the lid is clamped on!

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  20. It looks like, Draghi & co, already know, that this scam will NOT work, so they have used the card of…Kings…..
    I wonder what the other kings & queens say to this competion..
    bankers over royalty…?? reminds me of…Barings….Q e 2….lost her money there…..or was she also…bailed out…
    The west is going down very fast, but what is the alternativ…??
    GET out of the euro, if you don.t want to pay for this

    Mike

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