CategoryEuropean Union (EU)

The EU Apple Ruling

http://www.cnbc.com/2016/08/30/confused-by-the-eu-apple-ruling-read-this.html

http://www.apple.com/ie/customer-letter/

https://www.washingtonpost.com/news/worldviews/wp/2016/08/30/how-the-e-u-s-ruling-on-apple-explains-why-brexit-happened/

This is precisely the kind of stories that has over the years shown me the crooked nature of the EU Commission, the executive organ of the EU. While the Parliament may have some positive function, it has been the Commission that largely upset people, and that thinks ‘administration’ instead of ‘innovation.’

But beyond that and more in detail, first of all Ireland is one of the most corporate-friendly countries in Europe with a very reasonable taxation system. This is why many companies establish their European headquarters there. The corporate taxes are way lower than in Germany or France.

I think Apple should go for litigation in this case. It is absolutely unconstitutional to apply laws retroactively if these laws ask the citizen to pay something, be it only one dollar. As this is the nature of tax laws, they cannot be applied retroactively.

The whole construct of a ‘deal’ between Apple and the Irish government sounds really like a fabricated story. To say that even to non-professionals, it sounds completely unrealistic, and is an insult to the Ireish government! It should be opposed to as such by the Irish government, for it sounds like an accusation of corruption!

In addition, the EU cannot make laws nor can it change national laws because of the principle of national sovereignty. The EU can only make so-called ‘directions’ which are laws on the EU level but these laws do not function as laws within the member states. They function simply as incentives to the respective governments to make laws accordingly—but the member states have no obligation to follow these directions.

The sovereignty the member states have given to the EU is described in much detail in the EEG Treaty of 1957 and its addenda. Beyond that limited range of ‘adjunct sovereignty’ the EU has no general sovereignty. All the sovereignty it has is a ‘derived’ one, one that was granted to it by its constitution (in the sense of the EEG Treaty for a real Constitution in the sense of the term was an illusion fostered by some politicians, but was never enacted because of lacking consensus).

Thus from the information provided in this letter it seems clear to me that the EU Commission arrogates itself a sovereignty that it never had. Besides, it tries to interfere here in the internal national interests of a member state (Ireland) which it has no right to do. Third, it tries to enact or reform tax laws retroactively which is unconstitutional.

Wow. Ireland must be thrilled to be collecting all that money.

Not exactly. The Irish government has said it will appeal the EU ruling, saying the bureaucrats in Brussels have no business telling Dublin how much they should tax companies.

Tax rates are set by individual EU members, not by the European Commission. So Ireland is essentially telling the EU to mind its own business.

http://www.cnbc.com/2016/08/30/confused-by-the-eu-apple-ruling-read-this.html

As explained, it’s a clear sovereignty issue and I hope that these companies win the law suits against the EU Commission. It is time that the rules are set straight. The EU has a big dream of being a ‘European Government.’ That was indeed the initial idea but this idea was never realized because of lacking consensus between the EU members. I think time has run out for such a dream.

In addition, war and civil war are looming in Europe which will throw the member states back on minding their own business, and national interests. The call for more sovereignty is very clearly on the agenda already, which is a backward-scroll for the entire integration process.

The EU will lose its power then for as I pointed out, the member states are not obligated in any way to follow the EU directions as they do not have the power of ‘law’ within the member states. In other words, the entire ‘EU Business’ depends on the willingness of the member states to follow the EU directions. So, the EU can be blocked simply by ‘status quo’ thinking practiced by the member states. If directions are no more followed, the EU is like a car running in N gear …

The Spirit is Gone

The History

I saw it coming since the 1980s when, after graduating in law in Germany, I specialized on International Law and European Integration. My vision about a unified Europe was critical from the start.

After successfully passing both of my state examinations and registering as a lawyer, then acquiring my ‘Certificate for European Studies’ from Saarland University, I participated in a competition for a post at the European Parliament Administration in Brussels. Among 800 lawyers from Germany, only 24 made it to the waiting list. I was among them.

But six months afterwards I was informed that not even the first of the list had been recruited. This opened my eyes about how money is wasted in the EU, as they do these competitions every year, spending millions of Euros on examining people, and then recruiting nobody for ‘budgetary reasons.’

Then I got befriended with a department director in the European Commission in Brussels, Dr. T. I visited him several times and we became friends. He was one of the teachers who were teaching ‘European Integration’ at the ‘Europa Institut’ at Saarland University in Saarbrücken, Germany. Dr. T. told me honestly he was very dissatisfied with his life and his work. He had just completed another ‘Richtlinie’ (which is how ‘laws’ are called on the EU level) and it went into the drawer because of ‘political decision-making.’ He advised me to seek out other job options and as my own mother had worked for 25 years for the government, I knew that it’s not for me.

The Situation

All my friends deserted me, except the ones from outside of Europe. My European friends thought I was ‘totally negative’ about Europe and the EU. Well, I was just realistic and want to give here some recent details why after all I was right, and they were wrong.

Just review the ten slides on this article to see where we are now in Europe, and you know what’s going on:

http://bit.ly/2bBXHP8

Let me walk you through the slides.

  1. France
    Leader of the French National Front Marine le Pen has pledged to hold a French referendum.
  2. Netherlands
    Dutch far-right Party for Freedom leader Geert Wilders pledged to make the EU membership a key issue in the next general election. In fact, a whopping 88 percent of the people polled by a top Dutch newspaper said they were in favor of an in/out vote along British lines.
  3. Austria
    Former right-wing Austrian Freedom Party candidate Norbert Hofer said his country should have a referendum within a year.
  4. Poland
    Law and Justice leader Jaroslav Kaczynski said: ‘The conclusion is obvious. We need a new European Treaty.’
  5. Sweden
    Before Brexit, Swedish MEP Peter Lundgren Denmark and Sweden were already on the brink of quitting, suggesting a ‘Nordic trading bloc’ led by Britain could be born.
  6. Denmark
    The Danes held a referendum last December and decided against handing over  more powers to the EU.
  7. Hungary
    Prime minister Viktor Orban warned that Europe needs to change its ways.
  8. Italy
    Northern League leader Matteo Salvin will start a petition calling for an EU referendum, however his party scored a dismal 4% at the last election.

Assessment

The very fact that there are 8 ‘candidates’ for exiting the EU shows that my long-term prognosis was never in doubt: EU is a façade and nobody really wants it, and this being said, it is obvious that a political union, which was the ultimate goal from the start (with a common defense strategy and a unified military force) will never see the day.

That in turn means that Europe will be exposed to war in the upcoming Nato-Russia  war, 2017-2023, for they have no effective defense in place, except perhaps Germany. And also note that for the first time since 1945, Germany has upgraded its military and for the first time since 1945 during the recent terror attacks armed soldiers were in the streets for protecting civilians.

Also important to know is that the gap between Germany and Turkey widens as Germany has sent weapons to the Kurdish separatists in Iraq, while Turkey-Germany relations turn sour over the refugee deal and the refusal of the EU to agree to visa-free travel for Turcs as well as the German Bundestag vote about the Armenian genocide committed by Turkey and the recent report issued by the German Ministry of Interior about Turkey supporting extremist Islamist groups.

The peace in Europe is over soon, wait for next year. Separatist politics always in human history was the by-product of conflict, while unifying efforts are the by-product of peace. After 70 years of unification in Europe, the cardhouse collapses right now under our eyes and the result will once again be war, civil war, large-scale civil unrest, relentless terror attacks and ongoing economic decline.

And while the details may not be that important at this point, what is important is that the European Spirit, once so much alive, is dead now, and this is a grave result, for since the Renaissance, and here all international law experts agree, there was nothing as destructive for human growth and world peace than the construct of national sovereignty.

And this is exactly where the devil is in the game: it is once again the uprising of nationalism and national pride that brings the carefully built European structure to disintegrate. And national sovereignty has been shown as the single most destructive political ideology that was ever made a part of international law.

Psychological Warfare

For political observers, it is obvious that what is underlying, not what is apparent, is what moves states into certain actions, and avoid certain other actions. In other words, when you see the world only under the political lupe, you see it wrongly.

States, as human beings, are motivated by hidden agendas, by underlying motives, and by psychological reasons.

The obvious is in stark conflict with the rational mind when we see Putin and Erdogan heading into an unprecedented, while still premature, brotherhood. And while the political spectrum seems to be in conflict with this ‘defense solution,’ this is only so on the surface of things.

Turkey belongs to Nato and thus would have to be considered as an ‘enemy’ by Russia. The incident of downing a Russian warplane by the Turkish air force in 2015 gave another apparent reason that this had to be so. But it was not so. This ‘conflict’ was simply the confrontation of two thick-headed statesmen but it had no implications for the long term relationship between the two countries.

So what? Why are the two military giants approaching each other again in a most friendly manner and coordinate their military strategies?

The reasons are not political, or only randomly political, for they are mainly psychological. Both countries have hidden ethnic cleasing agendas the West rightly opposes to, both countries have modern militaries and are basically aggressive-minded in their international policies, both countries favor a strong-man leadership backed by ruthless police surveillance and a more or less total crackdown on free media. Thus both nations foster dictatorial regimes that are set to eat up more and more segments of their populations by large-scale state propaganda.

Thus, both nations are basically anti-democratic in their base setup and this will get worse over time, as a matter of internal dynamics in every dictatorial and freedom-hostile regime. But this is precisely what unites them in a front now, which could be called a ‘red front’ — and attentive readers may well remember the clear predictions by Nostradamus who said the great and final Armageddon—also called WW3— would start with an alliance between Turkey and Russia, based upon orthodox religions and against Roman Catholicism as practiced by the freedom-loving West.

It would be naive to believe that this amalgam of power, ruthless state doctrine, anti-democracy and fascism would not attract extremist forces and mercenaries on their side. That means that these regimes will be increasingly sympathetic to extremist forces in the Middle East, in Russia, and in Turkey, and wherever else in the world. This is simply so, as a matter of natural law, as like attracts like.

In other words and to summarize, we are presently in a phase of psychological warfare where the pacts or blocks are forming and evolving that later will represent the opponents in real war. Besides, military and political history clearly shows that during phases of fascist supremacy and the oppression of free press, together with endless ‘crackdowns’ on opponents (or imagined opponents), nations split up and become politically polarized, which means that strong and sometimes deadly opposition forces are set into place and fueled by hatred and contradiction, and ultimately, by feelings of humiliation!

The result of that process is civil war, and this is the reason why wars all through human history seldom are clean ring fights, for civil wars are often cross-border and make for chaotic—and often temporary—alliances that further disrupt the already freakish trust-building between superpowers.

China, which is a country that still today has not implemented the rule of law and that persecutes freedom-affirming local and foreign journalists, is likely to be on the line of this psychological setup that can be summarized as the putting on stage of new state oligarchies that coordinate their efforts on a less than official level in order to gain worldpower, even if this power then has to be shared among three parties.

But where is the United States in this picture, where is Europe, where is Japan? These are the burning questions that I leave to your own psychological and political IQ to answer. When you know you have asked the right questions, you know you will get the right answers.

Let me only mention one tiny detail in a very complex picture. Now Europe is not only dependent on Russian gas, it is also dependent on Turkish gas. See that on a timeline into the future, and where this dependency possibly can lead to.

Or take the recent selling out of Europe by Angela Merkel’s 6 billion dollar deal with Turkey that was equally, again psychologically speaking, a humiliation for freedom-loving Europe as Amnesty International and many international lawyers have condemned this pact as anti-human rights. That it won’t work out anyway, nobody really cares, the refugees are in the same mess as before, the deal will go overboard, and with it, many newly arriving refugees, as the numbers are rising against all predictions to the contrary. And Angela Merkel has less chances to be re-elected, thereby creating a political gap that will be filled with a center-right coalition, probably headed by Frauke Petry, the head of the new right-wing populist party ‘Alternative for Germany.’

There is real danger that this ‘alternative’ will be the last one for Germany for in state controlled regimes there are notoriously no alternatives and in populist psychology there is always only ‘one solution.’ And because life is infinitely complex, this kind of political psychology must lead to anti-life ideologies and lots of violence and chaos.

Refugee Crisis Worse than Ever

This is a prototypical example how we are served fake solutions by our so-called politicians who have become administrators of problems, instead of being problem-solvers. The refugee crisis is worse than ever, only half a page to read to know all the truth which in this case is in the numbers:

http://bit.ly/2b7BZok

A Strong Alliance

This is the beginning of WW3 as I predicted it already last year. And it’s in total alignment with the predictions of Nostradamus.

The Turkey-Russia alliance will be iron-strong and when China backs it up, America is toasted!

http://bit.ly/2b9w1V4

http://trib.in/2b98RPx

In this article from The Japan News, it is said very clearly:

The easing of tensions between the two nations can be a positive move conducive to preventing the regional situation from becoming complicated. What is worrying is that the rapid formation of a closer relationship between the two countries noticeably points to their ulterior motive of restraining the United States and European nations.

Behold, this is not popular knowledge, as most people still believe that Turkey is backed by the US. Superseded! The US top level has given clear signals that it no longer backs ‘islamistic’ Turkey, a country that runs at high speed against democracy, by practicing torture large-scale and now at the brink of re-instituting the death penalty.

The claims of Turkey they were not intending to build a new ‘axis’ through their alliance with Russia are just eye-wiping. It is typical for states to deny what they most intend to do, especially in the beginning stages of a new pact.

That also has drastic consequences in Europe, in the sense that Turkey has disqualified itself to become EU member. The door is closed now because EU law is punitive toward these two factors—torture and death penalty—because they are anti-human rights.

I said earlier in this blog that Angela Merkel has sold out Europe by making the contract with Turkey regarding refugee reflow. I predicted that it won’t work out, and it doesn’t—apart from that, it’s against human rights regulations according to Amnesty International.

Relationships between Turkey and Germany have deteriorated ever since and are right now at a breaking point. Turkey’s top team has repeatedly slammed Germany and Angela Merkel over the last weeks. Fact is that the EU will not grant Turkey the Schengen access (free visa travel), and the numbers of Turkish refugees to Germany have doubled just recently. Germany will thus remain the one single nation on earth that gives a refuge to the Kurds, and this role will be increasingly important.

Erdogan will be backed by Putin in his ethnic cleansing strategies—which is the same what Putin does with the Tchechen—and his cementing his family clan into a strong leadership that will be dictatorial in every respect.

Turkey has a very strong and well-trained military—so has Russia! Even if China doesn’t back or join, the alliance between Turkey and Russia as a ‘defense strategy’ is a red flag that cannot be ignored!

An Alternative Solution

I would have spent the money on Greece and make sure people don’t drown by using the Nato deployment but I would have let them come to Greece and spent the money there. After all, it’s spent then on a democratic country and a EU member, not an outsider. This deal was clearly favorable for Turkey with the prospect of passport-free travel from June 2016 and new discussions about EU membership. But they cannot be made a member according to EU law as long as they practice torture.

And when you see that they first wanted only 3 bn euros and when they raised the price tag to 6 bn, Merkel immediately agreed. Only politicians can do such a thing, a business man like Trump would never agree with such a bargain: and for good reasons. In my view Europe has lost face with this deal and this is first of all the doing of Merkel.

I have lost my own faith in her through this while I was truly admiring her before. But that was too much. Turkey is a country that can’t be trusted, only scan through their history, including the Armenian genocide. Turkey is and was a violent country. Just three days before the discussions, on the 4th of March, the Turkish government  confiscated ZAMAN newspaper and graveyarded democracy and free speech. That was a fist in the face of the EU!

http://www.al-monitor.com/pulse/originals/2016/03/turkey-what-next-after-seizure-of-newspaper.html#

I project that this deal brings nothing at all. EU will pay for nothing, Turkey will extent their autocracy without scruples and resentment will probably bring the whole deal to fall, as nobody wants 77 million Turcs to travel and settle everywhere in the EU.

And the EU has to pay the same amount once again to Greece for the situation will not improve. Turkey will not do everything to get the human traders down. They have shown they cannot be bent when the USA asked for border closure with Syria. Turkey simply said that it can’t be done.

This solution would also have been in accordance with international law for the ‘refoulement’ of people to a country that is not guaranteed to respect human rights violates international law and the refugee convention.

Negotiations EU-Turkey

The key elements of that draft statement, seen by Reuters are:

  • Turkey to readmit all “irregular”migrants crossing into Greek islands from Turkey;
  • For every Syrian readmitted by Turkey from the Greek islands, one Syrian refugee will be resettled from Turkey to the EU member states;
  • The EU will completely evacuate refugees from the Greek islands, readmitting only those who crossed into the islands after a date to be determined;
  • The EU will accelerate the lifting of visa requirements for Turkish citizens in the Schengen zone, so that this takes place, at the latest, by the end of June 2016;
  • The EU and Turkey will cooperate in any joint endeavours to establish humanitarian safe areas inside Syria;
  • The EU will provide Turkey with an extra 3bn Euros (on top of the 3bn Euros already made available) to help Turkey deal with Syrian refugees through to the end of 2018.

According to Reuters, the statement also makes reference to steps in the process of negotiating Turkish accession to the European Union.

http://www.theguardian.com/world/live/2016/mar/07/migration-crisis-summit-eu-and-turkish-leaders-meet-in-brussels-live

The Leader Role of Germany in the Refugee Crisis

Austria simply snubs the humanitarian question, so do Hungary, Macedonia, Slovakia, etc. They only consider their own welfare and have largely xenophobic populations. Politically they were always right-wing fascist regimes. Remember that Hitler was not German, but Austrian. I have studied the question now quite intensely and I am more than ever before behind Merkel. She is the only politician who sees things realistically and puts the humanitarian question first. This will benefit Germany, and is already, according to some economic surveys. In this sense, Merkel acts in the best interest of Germany but also of the EU. It is right to receive the refugees and do any possible effort to accommodate them humanly. It will pay in the long run, the economies in the EU will greatly profit. And see the relationship that is so distorted in the media. In Germany 1 Mio refugees against 90 million population, that’s not even 1 percent, and in the EU totally speaking the relation is only 0.2 percent. So the media blow this up negatively while it doesn’t need to be seen negatively. Merkel’s idea of a quota system is just and fair and should be followed.

Germany has now threatened other EU countries that if they don’t follow there will be measures against them. This is appropriate. I would suggest economic sanctions but of course they can’t be forced into compliance. This is what this minister from Austria means: the EU can break apart over these conflicts. But to repeat it there are no real conflicts because as Merkel says, we can do it *together* but if they don’t follow, Germany must do it against their will and there will be even more conflict. But I am pro a strong stance of Germany in this question for the right is on the side of those who help, not those who let refugees behind fences and endless zillions of police ‘to keep their countries clean.’ This is fascist segregational politics Hitler style, and should belong to the past. These regimes are poor and for a reason, it’s exactly because of their retarded mindset that braces for security before bracing for progress. Germany must play a strong role here to show them the rules! I hope Merkel can fight it through, for weakness has no place in this situation. The Syrian people will thank Germany one day and those anti-refugee regimes will one day get back the karmic boomerang, for they will go economically bankrupt—as soon as they step out of the EU for they get way more than they give in this situation. This is my prediction. And Greece must be helped with all our EU power, Greece is admirable in what they do and realize and therefore Germany must help Greece even more.

And my last word: if the EU breaks over the refugee question, it was meant to be, for it shows what a façade the EU is in reality. Why do you think I never wanted to work for them while I have all the qualifications? I knew it from the 70s onwards that the EU is one big money-wasting machine. Let Germany be the leader of Europe, then we got to have it right! You will see. This is what the result will be. Our economy has profited a lot from the events, last year was Germany’s strongest ever year economically since WW2, huge profits and for the first time since 1961, the main trading partner of Germany is the United States, while before it was always France. This means something … it’s a signal that Germany has reached equality standard with the USA, and this will be reflected on the political scene in the future. The United States see Germany as the most important partner in NATO for good reasons. And it’s a setback for France that they have deserved with their anti-semitism and the mess they made in the refugee camp in Calais where they drive refugees out like animals upon a court order. It’s appalling, I have no more sympathies for France.