An
article from a correspondent on EU protection for British expatriates in the
EU
June
23rd is now the date all eyes are focused upon according to the media in the UK. A second, (or perhaps a third), 'D' day is
fast approaching for Britain and whether the opposing camps are 'in' or 'out'
the biggest arguments seem twofold, sovereignty and trade. The 'outers' claim that the UK is
losing too much control and all sovereignty should be repatriated to prevent
further 'interference' from Brussels.
So what is Sovereignty? It is understood in jurisprudence as the
full right and power of a governing body to govern itself without any
interference from outside sources or bodies. In political theory, sovereignty is
a substantive term designating supreme authority over some polity. So is that a good thing I ask myself and is
that really the issue?
Much informed comment will say the EU was
not set up as a trade association and the aims and objectives of the EU seem to
support the view. The founding
principles of the Union start
by saying: 'The Preamble to the draft Constitutional Treaty is preceded by a
quotation from Thucydides: "Our Constitution (...) is called a democracy
because power is in the hands not of a minority but of the greatest
number".
The Union is
founded, according to the Convention's proposal, on the values of respect for
human dignity, liberty, democracy, equality, the rule of law and respect for
human rights. These values, which are set out in Article I-2, are common to the
Member States. Moreover, the societies of the Member States are characterised
by pluralism, tolerance, justice, solidarity and non-discrimination. These
values play an important role, especially in two specific cases. Firstly, under
the procedure for accession set out in Article I-57 any European State wishing
to become a member of the Union must
respect these values in order to be considered eligible for admission.
Secondly, failure by a Member State to
respect these values may lead to the suspension of that Member State's
rights deriving from membership of the Union
(Article I-58).
So what, you might say, we live in a
democracy and we can vote for people who support our views so why do we need
more bureaucracy? For those of us who
live in Europe the
answer to that is clear. We moved
according to other reciprocal treaties that allowed free movement together with
the right to port benefits gained whilst in employment, (if retired), or other
in work benefits. Without those treaties
in place many of us would not have taken the step to live in Europe. Those rights are now at risk because the
checks and balances imposed on the UK by
being a member of the EU would be removed and there would be no redress for the
Brit abroad in Europe.
If you think that is not the case then
take a look at what has happened in relation to the winter fuel payments for
pensioners in areas of Europe that the DWP has suddenly decided are too warm in
the winter for pensioners to receive that to which they are entitled. Leaving aside the issue of whether or not WFP
should or should not be paid, the fact is the entitlement is there and it has
been erroneously removed for many in Europe.
This
decision has been made by the DWP contrary to the treaties signed by the UK and is
currently the subject of a complaint to the EU.
Whilst we still await a ruling on the matter without this safeguard
there would be nowhere for such complaints to be made and the UK government
would have cart blanche to rescind or reduce such benefits that are critical to
the well being of the Brit abroad and to which they are entitled.
The UK
government has already indicated that it is looking to rescind the Human Rights
Act and uses spurious arguments that it allows criminals to shelter behind its
protection. However, what it fails to
make clear is that all citizens are protected by the Human Rights Act and watering
it down would be a retrograde step for all EU citizens.
Likewise the UK government promised in its
manifesto that it would change the fifteen year rule for those of us that are
likely to most affected by a leave vote.
As yet there is no sign of that promise being fulfilled and every
likelihood that the proposal will run out of parliamentary time.
This demonstrates that to put all our eggs
into one Westminster basket leaves us very vulnerable and that we should all be
fighting for Britain to remain part of Europe to enable us to remain protected
by the existing treaties that allow us to live peacefully in Europe, (it will
also retain those treaties that protect citizens living in the UK.)
The fundamental rights are:
As regards the protection of fundamental
rights, the Convention makes significant advances. Article I-7 of the draft
Constitution reproduces the guarantee of fundamental rights provided in the EU
Treaty and refers to the European Convention for the Protection of Human Rights
and Fundamental Freedoms and to the constitutional traditions common to the
Member States. This Article also opens the way for the Union to seek formal
accession to the European Convention for the Protection of Human Rights and
Fundamental Freedoms.
In addition, the Convention reached a
consensus enabling the Charter of Fundamental Rights, solemnly proclaimed at
the Nice European Council in December 2000, to be included in Part II of the
Convention. The European Union therefore acquires for itself a catalogue of
fundamental rights which will be legally binding not only on the Union, its
institutions, agencies and organs, but also on the Member States as regards the
implementation of Union law. The inclusion of the Charter in the
Constitution does not compromise the division of competences between the Union
and the Member States.
The Charter will be interpreted by the
courts of the Union and the Member States. The Convention has slightly amended
the presentation of the Charter to adapt it to the changes introduced by the
draft Constitution.
The inclusion of the Charter, which
contains additional rights not contained in the European Convention for the
Protection of Human Rights and Fundamental Freedoms, such as workers' social
rights, data protection, bioethics or the right to good administration, makes
it more visible to citizens, who will thus be better informed of their rights.
The foregoing is an extract from the
founding principles of the Union and if there is a 'Brexit' it
will threaten our very existence in Europe and will have serious repercussions
on those of us who have made a life, not on the Isle of Wight, but in mainland
Europe thinking that we were safely covered by the blanket that is the EU.
The throw away comments made by those that
would have us leave are far too elementary, as they only refer to the basic
issues that they want to espouse. The
fundamental issues for us that have made a life in Europe are those rights
described above that have been fiercely fought for and will be too easily given
away by a 'Brexit'.
The divisions are right across the
political divide and even the government of the day is split on the issue but
those of us down the pecking order will have much more of a voice by remaining
in Europe than we will have if Britain leaves.
That much is very clear.
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(Notes: The author has no political affiliations
and is therefore not a member of any political party. I have lived in France for almost 12 years
with my wife, over ten years of which was in the Tarn in the Midi-Pyrénées. A move north to the Manche eighteen months
ago was after much soul searching as to whether or not we should return to the
UK because of the gathering storm. We
decided to stay in France because we love 'la vie en France' and because we can
enjoy a less stressful lifestyle. I left
school in Dorset whilst still fourteen years of age and went straight into
heavy employment as a fireman on steam engines with British Rail. I later moved to Surrey with the railways but
eventually left to join the police service where I worked until I retired just
before reaching sixty years of age.
Never out of work and never claimed any benefits until I received my old
age pension at the age of sixty five years of age. We were refused the winter fuel allowance at
age sixty until the EU directive that the UK was acting unlawfully. We battled hard unsuccessfully for the back
payments that had been withheld but once again the UK unlawfully refused those
payments. This winter we again find
ourselves without the winter fuel payments because of the spurious and unlawful
temperature test imposed by the DWP. I
still pay tax to the UK on my police pension and, just about, retain my vote. My wife worked as a solicitor as well as raising
our four sons. We have never wished to
be a burden on France and have never expected nor claimed any benefits from our
host country. As you would expect,
having worked in the law for a joint total of almost sixty years we ensured
that our position was sound legally before moving to Europe. That legal status is now being threatened and
it threatens our very existence here in France.
Experience has shown us that the UK government is not to be trusted and
that we need the protections afforded by being part of the EU.)
