Impeach Juncker and make Booker our chief negotiator

Once again, I’ve shamelessly borrowed from Christopher Booker’s writings in the Sunday Telegraph.  He seems to be one of the few, both inside and outside of the political arena, with any real grasp of the issues.

Juncker in breach of his own treaty

By nominating a chief negotiator for Brexit, Jean-Claude Juncker has acted in breach of treaties.
We may be getting used to the idea that senior Tory Eurosceptics seem to be woefully ignorant of all the legal complexities involved in extricating us from the EU. Rather more surprising, however, is the blatant disregard being shown for EU law by no less a figure than Jean‑Claude Juncker, the President of the European Commission.
On July 27 Juncker announced he had appointed Michel Barnier, a former commissioner for the internal market, to be “Chief Negotiator in charge of the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 of the Treaty on European Union (TEU)”. They do like their initial capital letters in Brussels.
What no one seems to have picked up on, however, is that under Article 50 of the TEU and Article 218 of the Treaty on the Functioning of the EU, Juncker had neither the right nor the power to do anything of the kind.
First, reading these two articles in conjunction, it is clear that the EU’s chief negotiator can only be appointed after a state wishing to leave the EU has invoked Article 50, thus setting the negotiating process in train.
Secondly, Article 218 makes it clear that the Commission can only make a recommendation as to who “the head of the Union’s negotiating team” should be. The appointment itself must be made through a formal decision of the European Council, consisting of the heads of state and government of the other EU members.
Thus, in personally nominating Barnier as chief negotiator, Juncker was not just jumping the gun, he was acting wholly ultra vires, in flagrant breach of the treaties he is sworn to uphold.
It might seem extraordinary that the EU’s most senior official should break the law like this. Perhaps when Theresa May next meets her fellow members of the European Council in September, she should ask them as politely as possible whether they are happy for the president of the Commission to usurp their authority in this way.

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Of course, this is why Juncker acts in this high handed and arrogant manner.  He clearly believes that the democratic element of the European model, is an inconvenient and frustrating obstruction to his vision of a European superstate.

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Politicians need to take a breath

A further reality check for the sound bite politicians that are wanting to kick in the social housing front doors of those convicted of being involved in the recent riots.

Eviction of families as punishment ‘will only make matters worse’. Charities and housing groups are warning that plans to evict entire families as punishment for teenagers’ rioting could drive up homelessness, damage the prospects of innocent siblings, and lead to worsening social problems. Julia Unwin, Chief Executive of the Joseph Rowntree Foundation, has warned that evictions will be legally risky, ethically tricky and practically very difficult.

It really is tempting to go for such a swift and visible demonstration of society’s disgust at the behaviour of the rioters, but is it not passing the buck? Eviction doesn’t equate to elimination or evaporation, these families won’t disappear from the radar of either the benefit system or social services. So, unless the politicians have got a magic wand, they really do need to stop take a breath and find a proper solution and not one that just makes things worse for even longer.