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Germany breaks International Law! 11:31 - Sep 17 with 1737 viewsKerouac

Steven Barrett, a Commercial Chancery barrister, reveals how Germany also recently broke international law but did not face any consequences.

Earlier this month, the German Constitutional Court ruled that the European Central Bank (ECB) public assets purchases programme ultra vires, meaning it was acting beyond its legal power.

This has been the cornerstone of the “whatever it takes” approach to preserve the euro set by the bank’s former president, Mario Draghi.

Before that, the German court took another extraordinary step.

It disregarded the judgment of the ECJ that validated the ECB decisions by labelling such a decision as ultra vires too. In its view, the ECJ manifestly went beyond the acceptable standards of legal interpretation.

In a single decision, two blows had been struck at the heart of European integration: its common currency and the primacy of EU law.

Mr Barrett wrote in a column for the Spectator: "What matters for our purposes now is that the EU have taken no steps to sanction or reprimand Germany.

"Certainly, no steps in law have been taken against them at all.

"Germany has not modified its constitution as a result, it has maintained its position in law.

"That makes it important as a matter of law; not merely as a matter of politics."


The barrister explained that the case was that Germany, with its unimpugnable commitment to international law, found as a matter of principle that it can overturn international law (break it), if an international law obligation asked Germany to do something which was a fundamental breach of its constitution.

He noted: "Now, this is not the same as the other arguments and is not politics.

"This is going back to our practice of law.

"For 800 years when faced with a novel legal problem we have looked to previous cases to find the legal solution.

"When we look for previous cases to copy, it is normal to look to other countries — in my area involving complicated issues around money/trusts/equity we often look to Australia.

"It is true to say we do not look to civil law jurisdictions, which is what Germany is, quite so often. But I see nothing in principle wrong with looking to Germany for guidance on how the UK should both best honour international law and protect our constitution.

"These issues you see are about constitutional law. They are about how the UK treats our own constitution — about how we behave regarding international law. We have not looked at these questions for some time."


Mr Barrett concluded saying that if Britain is to find a legal solution, then looking at an established western democracy who has "put more time and effort into its constitution" could be the best solution.

In practice, he added, that would mean that just like Germany, the UK will uphold international law in principle, but break international law if it conflicts fundamentally with its constitution.








Absolutely shocking!

https://www.youtube.com/watch?v=ss9VZ1FHxy0
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Germany breaks International Law! on 11:55 - Sep 17 with 1707 viewsHighjack

Thought they might have annexed Sudetenland again for a minute then.

The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.
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Germany breaks International Law! on 11:56 - Sep 17 with 1706 viewsCatullus

Just look at all the EU members on the list of those who violate their international law obligations,

https://www.transparency.org/en/press/20-major-exporting-countries-violate-inter

This backs up your Germany point,

https://www.spectator.co.uk/article/why-didn-t-the-eu-punish-germany-when-it-bro

So it becomes a constitutional matter, does an individual country's constitution override EU law? Germany sems to believe so in which case, if Bojo demonstrates the WA breaks our constitutional law then Germany should back us or accept they too were wrong!

It still begs the question, why hasn't the EU tried to punish Germany for what they consider a breach? Maybe because the EU doesn't want to upset Germany, or because it actually isn't negotiating with the UK in good faith?

The lawyers can sort it out.

Just my opinion, but WTF do I know anyway?
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Germany breaks International Law! on 12:54 - Sep 17 with 1682 viewsItchySphincter

Germany breaks International Law! on 11:56 - Sep 17 by Catullus

Just look at all the EU members on the list of those who violate their international law obligations,

https://www.transparency.org/en/press/20-major-exporting-countries-violate-inter

This backs up your Germany point,

https://www.spectator.co.uk/article/why-didn-t-the-eu-punish-germany-when-it-bro

So it becomes a constitutional matter, does an individual country's constitution override EU law? Germany sems to believe so in which case, if Bojo demonstrates the WA breaks our constitutional law then Germany should back us or accept they too were wrong!

It still begs the question, why hasn't the EU tried to punish Germany for what they consider a breach? Maybe because the EU doesn't want to upset Germany, or because it actually isn't negotiating with the UK in good faith?

The lawyers can sort it out.


Well at least it gives our idiots the green light to do what they want eh?

Meanwhile those that brought this calamity raining down on us can continue to blame ‘remoaners’ for giving us what they voted for.

You won, get over it.

‘……. like a moth to Itchy’s flame ……’
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Germany breaks International Law! on 16:51 - Sep 17 with 1607 viewsCatullus

Germany breaks International Law! on 12:54 - Sep 17 by ItchySphincter

Well at least it gives our idiots the green light to do what they want eh?

Meanwhile those that brought this calamity raining down on us can continue to blame ‘remoaners’ for giving us what they voted for.

You won, get over it.


Putting aside that we don't yet know if it's a calamity or not, I don't need to get over anything, I voted leave, we won, excellent.

As it goes what is brexit compared to the disaster this pandemic is causing? People are blaming rising unemployment on brexit well it's not, not right now anway. People who supported Corbyn's borrowing plans are slating the tories for all this borrowing and then slating them for not doing enough.

The point about our idiots, I have to agree, they are idiots but they are doing what the UK voted for, like it or lump it....or should I say get over it?

Just my opinion, but WTF do I know anyway?
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Germany breaks International Law! on 17:29 - Sep 17 with 1596 viewsItchySphincter

Germany breaks International Law! on 16:51 - Sep 17 by Catullus

Putting aside that we don't yet know if it's a calamity or not, I don't need to get over anything, I voted leave, we won, excellent.

As it goes what is brexit compared to the disaster this pandemic is causing? People are blaming rising unemployment on brexit well it's not, not right now anway. People who supported Corbyn's borrowing plans are slating the tories for all this borrowing and then slating them for not doing enough.

The point about our idiots, I have to agree, they are idiots but they are doing what the UK voted for, like it or lump it....or should I say get over it?


I quoted you by accident, sorry. I was replying in general terms.

‘……. like a moth to Itchy’s flame ……’
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Germany breaks International Law! on 20:53 - Sep 17 with 1535 viewsKilkennyjack

Apparently this is all fine - as long as its in a very limited and specific way ....🤷‍♂️

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Germany breaks International Law! on 22:47 - Sep 17 with 1493 viewsKerouac

"The media are raging. The left are fuming. Even in the conservative ranks they are howling, but Johnson, this brilliant poker-player, only coolly cements his own position.
It is true. It is most likely a breach of contract, but the EU has overruled its own treaties.
Johnson's original crime is that he made himself the mouthpiece of Brexit supporters. They never forgave him for that.
The only thing worse was his promise to swiftly implement the people's decision to exit the EU.
With this announcement, he achieved a landslide victory in the elections.
Interestingly, Johnson is a particularly red rag for many Swiss media.
The criticism is also fierce and poisonous because the British Prime Minister is much more hardline than the Federal Council.
He is the opposite of our EU-submissive government.
No one in Berne would come up with the idea of imitating the crazy Briton. Even though they should look at him as a role model.
Not only did he conjure up a free trade agreement with Japan, despite all the criticism that this would be impossible to do in such a short time.
In dealing with the EU, Johnson provides a prime example of negotiating tactics.
His aim is to checkmate the EU and to advance his own interests. Of course, Brussels has exactly the same goal.
Boris Johnson's predecessor Theresa May failed because she appeared to the EU in exactly the same way as Switzerland.
There was something masochistic about her willingness to compromise.
The result were bad deals, all of which were sunk by Parliament. May endured the defeats ironically, stoically, admirably.
Johnson got on very differently. He put the EU under pressure.
In no case will the UK accept a bad treaty. If Brussels is stubborn, they will leave the EU without a deal. With that he hit the weak spot.
The EU needs a treaty. Not least because it wants to prevent the British from throwing thousands of EU citizens out of the country if there is no contract.
Johnson's power bluff was successful. He got an agreement.
It had serious disadvantages — a border with Northern Ireland — but it was a start.
He cheekily surprised everyone with an exit law that was in breach of the treaty and clarified the Northern Ireland question in the spirit of Great Britain.
Brussels sees it as a declaration of war."


- Roger Koeppel, Swiss politician and Editor of political magazine 'Die Weltwoche'
[Post edited 17 Sep 2020 22:49]

https://www.youtube.com/watch?v=ss9VZ1FHxy0
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Germany breaks International Law! on 08:26 - Sep 18 with 1441 viewsItchySphincter

Germany breaks International Law! on 22:47 - Sep 17 by Kerouac

"The media are raging. The left are fuming. Even in the conservative ranks they are howling, but Johnson, this brilliant poker-player, only coolly cements his own position.
It is true. It is most likely a breach of contract, but the EU has overruled its own treaties.
Johnson's original crime is that he made himself the mouthpiece of Brexit supporters. They never forgave him for that.
The only thing worse was his promise to swiftly implement the people's decision to exit the EU.
With this announcement, he achieved a landslide victory in the elections.
Interestingly, Johnson is a particularly red rag for many Swiss media.
The criticism is also fierce and poisonous because the British Prime Minister is much more hardline than the Federal Council.
He is the opposite of our EU-submissive government.
No one in Berne would come up with the idea of imitating the crazy Briton. Even though they should look at him as a role model.
Not only did he conjure up a free trade agreement with Japan, despite all the criticism that this would be impossible to do in such a short time.
In dealing with the EU, Johnson provides a prime example of negotiating tactics.
His aim is to checkmate the EU and to advance his own interests. Of course, Brussels has exactly the same goal.
Boris Johnson's predecessor Theresa May failed because she appeared to the EU in exactly the same way as Switzerland.
There was something masochistic about her willingness to compromise.
The result were bad deals, all of which were sunk by Parliament. May endured the defeats ironically, stoically, admirably.
Johnson got on very differently. He put the EU under pressure.
In no case will the UK accept a bad treaty. If Brussels is stubborn, they will leave the EU without a deal. With that he hit the weak spot.
The EU needs a treaty. Not least because it wants to prevent the British from throwing thousands of EU citizens out of the country if there is no contract.
Johnson's power bluff was successful. He got an agreement.
It had serious disadvantages — a border with Northern Ireland — but it was a start.
He cheekily surprised everyone with an exit law that was in breach of the treaty and clarified the Northern Ireland question in the spirit of Great Britain.
Brussels sees it as a declaration of war."


- Roger Koeppel, Swiss politician and Editor of political magazine 'Die Weltwoche'
[Post edited 17 Sep 2020 22:49]


Why is that any more on point than anything written in the Guardian?

Look up the publication you are quoting from.

Die Weltwoche is a hard-right organ. No problem with that but with balance comes credibility.

‘……. like a moth to Itchy’s flame ……’
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Germany breaks International Law! on 10:11 - Sep 18 with 1425 viewsCatullus

Germany breaks International Law! on 08:26 - Sep 18 by ItchySphincter

Why is that any more on point than anything written in the Guardian?

Look up the publication you are quoting from.

Die Weltwoche is a hard-right organ. No problem with that but with balance comes credibility.


It's hard to find balance though, itchy.

The only way is to post stuff from left and right sources I reckon, the middle ground is pretty vacant, especially in the mainstream news. Even the BBC swings from side to side which is about as impartial as you're going to get.

Just my opinion, but WTF do I know anyway?
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Germany breaks International Law! on 12:02 - Sep 18 with 1417 viewsfelixstowe_jack

Germany breaks International Law! on 20:53 - Sep 17 by Kilkennyjack

Apparently this is all fine - as long as its in a very limited and specific way ....🤷‍♂️


Glad to hear you support Germany breaking international law.

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Germany breaks International Law! on 13:48 - Sep 18 with 1404 viewsKilkennyjack

Germany breaks International Law! on 12:02 - Sep 18 by felixstowe_jack

Glad to hear you support Germany breaking international law.


I was directly quoting a UK Govt Tory Minister.

My standards are higher.

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