WHAT THE GREEK PARLIAMENT VOTE ON TODAY: (from 14 Jan 2013)
This is crucial knowledge for anyone in Europe who cares about defending Democracy, Human Rights and Civil Rights in Europe, because with the “killing of Greece” all three will be gone. Once it has been “legally” pulled through in Greece it is just a matter of relevant propaganda and implementation in the rest of Europe (according to the well known psychosocial problem-reaction-solution model).
This article was first published last Monday the 14th in SPITHA’s site, when the parliament in Athens gathered to vote for “Contract Modification of Main Finance Facility Agreement” signed on 07/12/2012 between lenders and Greece. As always of course accompanied by citizens protests on Syntagma square outside the Parliament. Mr Kasimatis is a prominent professor of Constitutional Law, teaching in the university of Athens and he is today an active member of Mikis Theodorakis resistance-movement SPITHA (read description in English) .
George Kasimatis (Professor of Constitutional Law)
The Parliament vote today for the “Modification Contract of the Main Finance Facility Agreement” signed on 07/12/2012 between lenders and Greece. With this procedure the MP’s who will vote for this Agreement must know what they vote on.
This Agreement, continue to legitimize the entire system of conditions and procedures that was established by the previous Memorandums and they violate fundamental principles of Parliamentary Democracy, the Constitution, the treaties of the European Union, the European Convention of Human Rights and International Law. Specifically, I briefly want to underline the following:
- As a key condition for the country’s loans, the waiver of the rights to protection of the state and its assets, which is provided by the Constitution, the European law and the International law, continue to apply (resignation of all the “immunities” and the national sovereignty, is foreseen for all loan Contracts and the fiscal adjustment program – “Memorandum” -).
- The entire binding of all the assets of the Greek state is continued (mobile, real estate, securities, and whole undersea mineral wealth of the country, etc.) in favor of the lenders and “as long as the debt exists” – regardless of whether Greece pay its amortization obligations or not. Namely, Greece can not exploit the property without the approval of the lenders and TAIPED (Fund for the Development of the Private Property of the State) through which each Fund’s income from any exploitation will accrue to the lenders.
- Greece is not allowed to conclude with any other country or a private entity – Greek or foreign – enterprise agreement that includes exploiting its assets without the approval of the lenders and TAIPED – which forms a shameful and illegal institution of full mortgage of the Greek State
- For Greece’s obligations, English law applies which doesn’t recognize any rights of the debtor. Further, the jurisdiction of the English courts also applies for the first Memorandum and the courts of Luxembourg for the next “Memorandums.” Lenders, however – only they – have the right to use also the Greek courts. Obviously they rely on the disgraceful legality certification willingly offered and provided in every step of the capturing of Greece, which is based on a Loan Agreement by State Legal Advisers, who commit serious misconduct.
- The lenders – stipulates the Convention that is passed today – can, if the loan agreement is not fulfilled, proceed into seizure of any asset of the State and the Bank of Greece, without any restriction (may even confiscate the money of the state budget which is deposited in the Bank of Greece and is destined for the payment of costs-wages, pensions, defense spending, education, health etc etc)
- The voting procedure for the international agreements which is followed and was followed also in March 2012 is contrary to the Constitution and international law. As international Agreements they are unsubstantiated and are therefor not binding Greece legally.
- The current procedure violates once again the parliamentary and the representative authority for the ratification of international conventions which guarantee the Constitution and international law. Moreover it demeans the Democratic representation and the Greek Parliament: (A) instead of being ratified by a special law and discussed in parliament with ease, they come as an urgent procedure, integrated into one of the last public draft articles (in today’s case in Article 53 as being a simple amendment). (B) The main contract signed on 15.3.2012 and which contains the basic commitments and is modified by this that they brought to Parliament today, has it been distributed to the MPs? Has it been ratified by law? (C) “The Convention Plan” was approved by Parliament – something that happened for the first time in parliamentary annals and the approval was not only invalid it also ridiculed the Parliament – is this “Plan” the main convention? The signed “Main Contract for Financing Facilitation” of 15.3.2012 being modified today has not been ratified by the parliament, nor was it distributed to the MP’s, as concluded! The Government brought for voting today only the amendments to the Convention of 7.12.2012! Thus, the Parliament, in fact, does not know what they are voting on. This is what the government and the Constitution has become.
- However, all these procedures are contrary to the Constitution and legally without foundation. Parties and Members who do not wish to contribute or to take part in the unprecedented commitments of Greece, nor the unprecedented humiliation of the Representative Body, of the Constitution and of the Democracy, if government majority in parliament is not declining it, should leave the Parliament. It would be an act in accordance with the Constitution and parts of its ending article, in order to express in the clearest manner the opposition to the violation of the constitution and the human and citizens rights by the lenders with the cooperation of parliamentarians who support all these illegal agreements. It would express the right and the duty of a the representative body to resist the encroachment of national sovereignty, popular sovereignty, the human and citizens rights, and the vital interests of Greece. It would also express support to the Greek people that constantly is abused and trampled on.
- Finally, opposed to this enslavement of Greece and the ongoing violation of any legality, MPs should proceed with organized and well justifiable grounds to take steps to provide information, about the violations of fundamental principles of the representative democracy, the human rights and the national sovereignty, to the competent international organizations: The Council of Europe, International Labour Office, the International protection of Human Rights in Geneva, the European Union and all other international organizations for the protection of fundamental principles and human rights.
- I should note that the body responsible for the protection of social rights of the Council of Europe has advised that cuts in pensions and other social rights is illegal. Why does the labour unions ADEDY and GESSE who have the stated opinion not raised it?? Why doesn’t the Parliament raise it?
The issues here are:
1) that EU has applied English law when it suits the lenders, in order to be able to treat Greece as a “company” and not a Country!…
2) that the first Memorandum was voted through against the laws and rules that the Constitution provide for these procedures. The Greek Quisling-governments have signed these agreements violating the constitution and that alone make the “agreements” invalid…
These issues are something that SPITHA and others in Greece have reported and continue to report to Strasbourg, Geneva and Brussels even though the Greek media (and most certainly the European media) are keeping quiet about the illegalities around the “Agreements” with the Troika. These matters are extremely crucial for the citizens of Europe to understand and it is essential that they support the Greek people in this… Once these unlawful and disgraceful “agreements” is pulled through and “legalized”, the European Democracy and its Justice is gone.
Please, disturb your journalists and parliamentarians in written letters and ask them about the legality behind these undemocratic, legal procedures as often as possible?
Posted on January 23, 2013, in Articles in English, Hot and tagged constitution violations, Contract Modification of Main Finance Facility Agreement, Current Events, Economics, economy, Europe, European Convention of Human Rights, European Union, global economic meltdown, Greece, Greek austerity, Human Rights, International Law, memorandum, national sovereignty, natural resources, politik. Bookmark the permalink. Leave a comment.