Monday, March 1, 2010

Monthly Comment March 2010 One Accuses - Lack of Fairness?

These are legal arguments and papers exposing the Dishonourable Position of the United Kingdom and its infringement of EU Community Law with respect to non-payment of benefits to disadvantaged British expatriates in Europe.. Prepared by David Burrage - legal advisor to the Spanish Expatriate Association.
1. An abridged version of the major document . (3 pages html file)- largely prepared by Brian Cave.
2. A full version of the document (40 pages pdf file).
3. Letter from the EU Commission to The Spanish Expatriate Association.  This letter refers to two instances of case law before the European Court of Justice. The judgements on these two cases are linked below.
4. Case Law 'Duchon'.  
5. Case Law 'Larsy'. 
6. The EU Regulations covering the point at law of the exportability of benefits.

One accuses the United Kingdom Government of ............
Lack of Fairness.
Dishonour towards its Elderly People
Lack of Statesmanship and Leadership.
The elderly citizens of Britain move to France, or Spain, or wherever in Europe for good reasons.. to join their families, for their health, to explore new environments, or to enjoy a way of life not to be found in Britain.  The EU offers opportunities in living not known to earlier generations.  Their income comes entirely from Britain.  They have all their working lives paid into a social system of support (as Clement Attlee would have said from 'cradle to grave').  They have given service to the Nation in peace and war.  Many have added to the wealth of the Nation.  Now, in their years of retirement, instead of retiring to Bexhill or Morecambe, they choose to take advantage of the possibility, achieved and signed under treaty obligations by the British Government to live in the wider Europe - to be free to move and live as free citizens within this great spreading of the peoples of the Continent.
The British Government treats this diaspora of British Citizens as second class compared to those who remain in the British Isles.  We who have been proud to be British and still wish to to be proud to be British are treated unfairly by the Government of our own Nation.
A proportion of  we elderly citizens became disabled before moving into the wider Europe.  Some, few they may be, left to join their families who have already moved, but suffer from illnesses requiring care. They received financial support to help in that care.  Some  have since been deprived of this support by the British Government, who illegally have ceased payment.  The British Government are dishonourable in their position towards these people. The legal exposition of the dishonourable nature of the British Government is fully developed in the links indicated above.
The British Government signed to treaties to enable people to move freely without suffering financial hardship.  It does not honour its word.
The British Nation, once a leader amongst Nations, has in the context of Europe, shown itself to be small minded, narrow in thought and deed.  It does not display the Statesmanlike leadership which we, who are in our seventieth or eightieth decades would expect.  It is weak and shallow and leaderless.

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