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The Text & Problems Of The UK-EU Report of Progress of BreXit 08-Dec-2017 …
.
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Posted by:
Greg Lance – Watkins
Greg_L-W
eMail Address:
Greg_L-W@BTconnect.com
Blog About The Main Web Site:
https://InfoWebSiteUK.wordpress.com
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Hi,
To view a copy of the UK-EU Report of the interim progress of #BreXit of 08-Dec-2017 just CLICK the line below for a .pdf version:
UK-EU JOINT REPORT 08-Dec-2017
Please note that the word ‘negotiate’ & ‘negotiator’ are extensively used with little consideration of the meaning of the word.
Having followed the discussions relatively closely there would seem to have been a near total misunderstanding, if not disregard, for the meaning of the word – The process would seem to have been a matter of the representatives of the #EU laying out the terms of a BreXit deal in accord with the Treaties signed in a particularly irresponsible manner by British politicians, over the years, and then discussion of how to juggle the wording to form a compromise that can be presented to the British peoples on EU terms!
It would seem that both sides have totally overlooked the irreconsilable fact that there is no area of compatibility in the concepts and values of British Law & Justice under which Britain believed it was signing Treaties and the EU’s perception of Law & Justice!
In simple terms it is clear that the irresponsibility on the part of both sides has been quite staggering and were British Law to pertain ‘Sayer-vs-Sony’ would be the prescedent on which all EU Laws & Treaties as they pertain to these United Kingdoms would be null and void and should be set aside!
Clearly the authoritative body responsible for the imposition of said laws & treaties is the EU and the EU’s practice of law is to them quite natural being ‘Roman Law’ with a fairly heavy overlay of ‘Code Napoleon’ the principle thereof being:
Firstly: The letter of the law shall be the terms of the law.
Secondly: The subject of jurisdiction shall be allowed to do absolutely nothing other than which is granted by The Law.
Thirdly: EU Law does not have the same understanding of ‘Innocent until proven guilty; nor does it respect the principle of ‘Habeas Corpus’ as understood in British Law.
Now let us consider the perspective of the supplicant party to these agreements:
British Law commonly known also as English Law differs diametrically from Continental Law very clearly being founded and developed in a different style to that of ‘Roman Law’. At no time when Britain signed copies of the Laws & Treaties in the English language was it made clear by those seeking to impose their Treaties & Laws, namely the EU as a body, that the entire structure of the Law/Treaty was different.
British Law is founded on the principles of:
Firstly: Prescedent & Tort.
Secondly: Intent – whereby Law can be interpreted based NOT on the ‘Letter of the Law’ but on what was the intent of the Law Makers when they enacted the given law.
Thirdly: That the subject of the Law shall be entitled & permitted to do absolutely anything unless it is specifically proscribed by Law.
Fourthly: British Law is founded on a clear principle of ‘Innocent until proven guilty’ hence a foundation of British Law has been ‘Habeas Corpus’
Thus Law in Britain is seen as enabling, defining and liberating people
whereas:
The EU is seen as being ‘across a largely integrated common area it provides a fairer, simpler system of repression’ to quote the EU’s own handbook of the introduction of EU ‘Corpus Juris’.
These are just a few of the clear reason’s why Theresa May and her team are struggling both to draw up a deal with the EU and also to square the circle for the woefully ill informed public & the media who seem to take delight in misleading them.
Difficult as May & her team may be finding the problem let us face the fact that it is abundantly clear that there is no one in parliament capable of doing half as good a deal as May – though even she may find the best option, if EEA membership via EFTA does not suit, will be to ensure for the common benefit of Britain and the EU safeguards are put in place for those citizens who chose to live across the common border under the laws of the respective host prior to the BreXit vote, also some terms of mutual defence, developement of a branch of Interpol across the region, terms of interface of the common airspace and the like with an agreed level of tariff for imports and exports sufficient to fund the required customs and border policing.
I know of no variant on the Team May has fielded that would be a clear improvement questionable as some of the links in her team may be, that would not prove to encourage extremism or become a personality cult destabilising & weaken the Government.
As to new leaders, within her party clearly there is no apparent leader without risking the lunatic fringes from the back benches; as to any other party rising to take over just who might possibly come forward from amongst the fruit loops, racists, anti semites, marxists and self seeking terrorist sympathisers who would be other than utterly catastrophic?
Who ever is fronting the BreXit transfer MUST complete it and sever all vestiges of EU membership by March 2021 having effected the BreXit terms by March 2019 and we must give all the help and support we can to the team carrying out Britain’s undeniable electorates choice in favour of an unequivocal and undefined total departure from the EU as was voted on by the clear majority.
A clear majority that was voted on by the entire electorate where some chose not to vote yet the turnout was the largest in our islands’ history – a turnout that delivered more votes in favour of Leave-The-EU than have ever voted since WWII for a given party in Government!
With some trepidation I wish our team working for the best interests of England, Northern Ireland, Scotland, Wales, Monmouthshire & the District of Berwick on Tweed – minded of the peoples of our United Kingdoms with concerm for Commonwealth citizens and our many alies around the world, both inside and beyond the Anglosphere so that we can go forth and take advantage of the fantawstic opportunities BreXit will bring our peoples globally.
Change by its very nature is always challenging and thus a little scarey and we can not expect all aspects to be easy nor should we believe the world or any part of it owes us a living.
8-Dec-2017
TF50 (2017) 19
–
Commission to EU 27
Subject:
Joint report from the
negotiators of the European Union and the
United Kingdom G
overnment
on progress during phase 1 of
negotiations under Article 50 TEU on the United Kingdom’s orderly
withdrawal from the European Union
.
Origin:
Presented jointly by the
negotiators of the European Union and
the United Kingdom Government
.
Remarks:
This report is put forward with a view to the meeting of the
European
Council (Article 50) of 14
–
15 December
2017
.
Under the
caveat that nothing is agreed until everything is agreed, the joint
commitments set out in this joint report shall be reflected in the
Withdrawal Agreement in full detail. This does not prejudge any
adaptations that might be appropriate in
case transitional
arrangements were to be agreed in the s
econd phase of the
negotiations
,
and is without prejudice to discussions on the
framework of the future relationship
.
Pu
blished
on the TF50 website
on 8
December
2017
Page
1
of
1
5
8
December
2017
JOINT REPORT FROM TH
E
NEGOTIATORS OF THE
EUROPEAN
UN
ION AND THE UNITED K
INGDOM GOVERNMENT
ON PROGRESS DURING P
HASE 1 OF NEGOTIATIO
NS UNDER
ARTICLE 50 TEU ON TH
E UNITED
KINGDOM’S ORDERLY
WITHDRAWAL FROM THE
EUROPEAN UNION
1.
This report, presented jointly by the
negotiators of the
European
Union (Union)
and
the United Kingdom
of Great Britain and Northern Ireland
(UK), records the progress
made in the first phase of negotiations under Article 50 of the Treaty o
n
European
Union
(TEU)
on the UK’s
orderly
withdrawal from the
Union
.
2.
Both Parties
have reached
agreement
in principle across
the following three areas
und
er consideration in the first phase of negotiations, on which further detail is set out
in this report
:
a.
p
rotecting
the rights of
U
nion
citizens in the UK and UK citizens in the
U
nion
;
b.
the framework for addressing the unique circumstances in
Northern
Ireland
;
and
c.
the
financial
settlement
.
3.
Progress was also made in achieving agreement on
aspects of
other separation issues.
4.
The positions detailed in this report form a single and coherent package. Agreement in
principle has been reached on the package
as a whole, as opposed to individual
elements.
5.
Under the caveat that nothing is agreed until everything is agreed, t
he joint
commitments set out below in this joint report shall be reflected in the Withdrawal
Agreement in full detail.
This
does not prejud
ge any adaptations that might be
appropriate in case transitional arrangements were to be agreed in the second phase of
the negotiations
, and is without prejudice to discussions on the framework of the
future relationship
.
Citizens’ rights
6.
The overall objective of the Withdrawal Agreement with respect to citizens’ rights is
to provide reciprocal protection for
Union and UK citizens, to enable
the
effective
exercise of rights derived from Union law and based on past life choices
, where
those
citizens have exercised free movement rights by the specified date.
7.
To date, both Parties have reached a common understanding on the following.
1
8.
The specified date s
hould be
the time of the UK’s withdrawal.
1
This common understanding is based on a more detailed consensus between the
P
arties, as expressed in the
latest joint technical note that summarises the UK and EU positions.
Page
2
of
1
5
9.
The use of Union law
concepts in the c
itizens’
r
ights
P
art of the Withdrawal
Agreement is to be interpreted in line with the case law of the Court of Justice of the
European Union (CJEU) by the specified date;
10.
Union citizens who in accordance with Union law legally reside in the UK, and UK
na
tionals who in accordance with Union law legally reside in an EU27 Member State
by the specified date, as well as their family members as defined by Directive
2004/38/EC who are legally resident in the host State by the specified date, fall within
the scop
e of the Withdrawal Agreement (for personal scope related to frontier
workers, see paragraph 1
5
, and for social security, see paragraph
28
);
11.
Within the scope of application of this
P
art of the Withdrawal Agreement and without
prejudice to any special prov
isions therein, any discrimination on grounds of
nationality will be prohibited in the host State and the State of work in respect of
Union citizens and UK nationals, and their respective family members covered by the
Withdrawal Agreement;
12.
Irrespective of
their nationality, the following categories of family members who were
not residing in the host State on the specified date will be entitled to join a Union
citizen or UK national right holder after the specified date for the life time of the right
holder
, on the same conditions as under current Union law:
a.
all family members as referred to in Article 2 of Directive 2004/38/EC,
provided they were related to the right holder on the specified date and they
continue to be so related at the point they wish to
join the right holder; and
b.
children born, or legally adopted, after the specified date, whether inside or
outside the host
S
tate, where:
i.
the child is born to, or legally adopted by, parents who are both
protected by the Withdrawal Agreement or where one p
arent is
protected by the Withdrawal Agreement and the other is a national of
the host State; or
ii.
the child is born to, or legally adopted by, a parent who is protected by
the Withdrawal Agreement and who has sole or joint custody of the
child under the app
licable family law of an EU27 Member State or the
UK and without prejudging the normal operation of that law, in
particular as regards the best interests of the child;
13.
The UK and EU27
Member States
will facilitate entry and residence of partners in a
dura
ble relationship (Article 3(2)(b) of Directive 2004/38/EC) after the UK’s
withdrawal in accordance with national legislation if the partners did not reside in the
host state on the specified date, the relationship existed and was durable on the
specified d
ate and continues to exist at the point they wish to join the right holder;
14.
The right to be joined by family members not covered by
paragraphs 1
2
and 1
3
after
the specified date will be subject to national law;
15.
Those who on the specified date are workin
g as frontier workers, as defined under
Union law, fall within the scope of the Withdrawal Agreement;
Page
3
of
1
5
16.
The UK and EU27 Member States can require persons concerned to apply to obtain a
status conferring the rights of residence as provided for by the Withdra
wal Agreement
and be issued with a residence document attesting to the existence of that right. Where
the host State requires persons concerned to apply for a status, no status is obtained if
no successful application is made, subject to
para
graph 1
7
e
.
The UK
and EU27
Member States can also continue with the present system under which entitlement of
rights under the Withdrawal Agreement may be attested by any other means of proof
than a residence document;
17.
Administrative procedures for applications for
status will be transparent, smooth and
streamlined,
2
in particular:
a.
The Withdrawal Agreement will specify that the host State cannot require
anything more than is strictly necessary and proportionate to determine
whether the criteria have been met. The Wi
thdrawal Agreement will contain
provisions that follow a similar approach to the provisions on evidential
requirements in Directive 2004/38;
b.
The host State will avoid any unnecessary administrative burdens;
c.
Application forms will be short, simple, user fri
endly and adjusted to the
context of the Withdrawal Agreement. The host State will work with the
applicants to help them prove their eligibility under the Withdrawal Agreement
and to avoid any errors or omissions that may impact on the application
decision
. Competent authorities will give applicants the opportunity to furnish
supplementary evidence or remedy any deficiencies where it appears a simple
omission has taken place. A principle of evidential flexibility will apply,
enabling competent authorities t
o exercise discretion in favour of the applicant
where appropriate;
d.
A proportionate approach will be taken to those who miss the deadline for
application where there is a good reason. Applications made by families at the
same time will be considered togeth
er;
and
e.
Where an application is required to obtain status, adequate time of at least two
years will be allowed to persons within the scope of the Withdrawal
Agreement to submit their applications. During this time period, they will
enjoy the rights conferr
ed by the Withdrawal Agreement. Residence
documents under the Withdrawal Agreement will be issued free of charge or
for a charge not exceeding that imposed on nationals for the issuing of similar
documents;
18.
Pending a final decision by the competent author
ities on any application made for
status under the Withdrawal Agreement, as well as a final judgment handed down in
case of judicial redress sought against any rejection of such applicati
on, the citizens’
r
ights
P
art of the Withdrawal Agreement will apply
to the applicant. The host State
may remove applicants who submitted fraudulent or abusive applications from the
territory under the conditions set out in Directive 2004/38/EC, in particular Articles 31
and 35, even before a final judgment has been handed
down in case of judicial redress
sought against any rejection of such application;
2
For
information:
the
UK
has
published
a
technical
note
–
see
–
rights
–
administrative
–
procedures
–
in
–
the
–
uk
–
setting out
proposed procedures under its national law, which it will continue to develop over the coming months.
Page
4
of
1
5
19.
Decisions taken under the procedure for obtaining status under the Withdrawal
Agreement will be made in accordance with the objective criteria established in the
Withdrawal
Agreement (i.e. no discretion, unless in favour of the applicant). There
will be safeguards in the Withdrawal Agreement for a fair procedure, and decisions
will be subject to the redress mechanisms and judicial controls provided in Directive
2004/38/EC;
20.
The conditions for acquiring the right of residence under the Withdrawal Agreement
are those set out in Articles 6 and 7 of Directive 2004/38/EC, including the right to
change status;
21.
The conditions for acquiring the right of permanent residence under the
Withdrawal
Agreement are those set out in Articles 16, 17 and 18 of Directive 2004/38/EC, with
periods of lawful residence prior to the specified date included in the calculation of the
conditions set out in Articles 16 and 17 of Directive 2004/38/EC;
22.
Th
e UK and EU27 Member States can apply more favourable national provisions in
accordance with Article 37 of Directive 2004/38/EC;
23.
In order to obtain status under the Withdrawal Agreement by application, those
already holding a permanent residence document
issued under Union law
3
at the
specified date will have that document converted into the new document free of
charge, subject only to verification of identity, a criminality and security check and
confirmation of ongoing residence;
24.
Systematic criminality
and security checks can
–
in the specific context of acquiring
status under the Withdrawal Agreement
–
be carried out on all applicants for status
under the Agreement and applicants can be asked to declare criminality. Any
consequences arising from such ch
ecks and declarations shall be subject to the
procedures in
paragraphs 1
7 to 1
9
;
25.
Persons who acquired the permanent residence rights in the host
S
tate under the
Withdrawal Agreement can be absent from its territory for a period not exceeding five
consecutive years without losing their residence right under the Withdrawal
Agreement;
26.
Any restrictions on grounds of public policy or security related to conduct prior to the
specified date of persons covered by the Withdrawal Agreement will be in accord
ance
with Chapter VI of Directive 2004/38/EC;
27.
Any restrictions on grounds of public policy or security related to conduct after the
specified date will be in accordance with national law;
28.
Social security coordination rules set out in Regulations (EC) No
883/2004 and
(EC)
No
987/2009 will apply
.
Social security coordination rules will cover Union citizens
who on the specified date are or have been subject to UK legislation and UK nationals
who are or have been subject to the legislation of an EU27 Member S
tate, and EU27
and UK nationals within the scope of the Withdrawal Agreement by virtue of
3
This includes beneficiaries of the Withdrawal Agreement who hold valid domestic immigration documents
conferring a permanent r
ight to reside in the host state (such as UK Indefinite Leave to Remain (ILR) status).
Page
5
of
1
5
residence. Those rules will also apply, for the purposes of aggregation of periods of
social security insurance, to Union and UK citizens having worked or resided in
the
UK or in an EU27 Member State in the past;
29.
Rules for healthcare, including the
European Health Insurance Card (
EHIC
)
scheme,
will follow Regulation (EC) No 883/2004. Persons whose competent state is the UK
and are in the EU27 on the specified date (a
nd vice versa)
–
whether on a temporary
stay or resident
–
continue to be eligible for healthcare reimbursement, including
under the EHIC scheme, as long as that stay, residence or treatment continues
;
30.
For rights and obligations set out in Regulations (EC
) No 883/2004 and (EC) No
987/2009 on the coordination of social security systems, a mechanism will be
established to decide jointly on the incorporation of future amendments to those
Regulations in the Withdrawal Agreement;
31.
Equal treatment will apply wit
hin the limits of
Articles 18, 45
and 49 TFEU, Article
24 of Directive 2004/38/EC and Regulation (EU) No 492/2011 including rights of
workers, self
–
employed, students and economically inactive citizens with respect to
social security, social assistance, he
alth care, employment, self
–
employment and
setting up and managing an undertaking, education (including higher education) and
training, social and tax advantages;
32.
Decisions on recognition of qualifications granted to persons covered by the scope of
the
Withdrawal Agreement before the specified date in the host State and, for frontier
workers, the State of work (either the UK or an EU27 Member State) under Title III of
Directive 2005/36/EC (recognition of professional qualifications where the person
conc
erned was exercising the freedom of establishment), Article 10 of Directive
98/5/EC (lawyers who gained admission to the host State profession and are allowed
to practise under the host State title alongside their home State title) and Article 14 of
Direct
ive 2006/43/EC (approved statutory auditors) will be grandfathered.
Recognition procedures under these Directives that are ongoing on the specified date,
in respect of the persons covered, will be completed under Union law and will be
grandfathered.
Legal
effects of the citizens’ rights Part
33.
It is of paramount importance to both
P
arties to give as much certainty as possible to
UK citizens living in the EU and EU citizens living in the UK about their future rights.
The
P
arties have therefore reached agreeme
nt on the following specific set of
arrangements to implement and enforce the citizens’ rights Part of the agreement.
34.
Both Parties agree that the Withdrawal Agreement should provide for the legal effects
of the citizens’ rights Part both in the UK and in
the Union. UK domestic legislation
should also be enacted to this effect.
35.
The provision in the Agreement should enable citizens to rely directly on their rights
as set out in the citizens’ rights Part of the Agreement and should specify that
inconsistent
or incompatible rules and provisions will be disapplied.
Regards,
Greg_L-W.
~~~~~~~~~~#########~~~~~~~~~~
Posted by: Greg Lance-Watkins
tel: 44 (0)1594 – 528 337
Calls from ‘Number Withheld’ phones Are Blocked
All unanswered messages are recorded.
Leave your name & a UK land line number & I will return your call.
‘e’Mail Address: Greg_L-W@BTconnect.com
~~~~~~~~~~#########~~~~~~~~~~
With an avg. 1.2M voters per MEP & Britain with 16% of EU GDP and 13% of the EU’s population yet having only 8% (if united) say whilst holding less than 3% of the various offices within the EU Do note The EUropean Parliament has no ability to make policy and has a Commission of unelected bureaucrats, thus clearly the EU is not even a pretence of being a democracy!
Do note that many senior apparatchicks and even elected politicians speak openly of the ‘Post Democratic era’ with no sense of shame or irony and in complete contempt of the so called electorate – yet The EU & many of its vassal States/Regions are all too willing to slaughter people in Sovereign States, to impose The EU’s chosen brand of democracy on them!Now as President Junker announced in his ‘State of the union’ speech 2017 the aim is to create an EU military force and centralise ever more of the decision making and control!
The imposition of a Government and policies upon its vassal regions such as the peoples of Greece shows just how far from being a democracy the EU is.
There will be little or no change in Britain’s economic position, when we leave the EU, using a better negotiated, customised & updated version of the ‘Norway Model’ as a stepping stone to becoming a full member of the Eropean Economic Area, where all will benefit, as we secure trade relations with the EU’s vassal regions, with an EFTA style status and can trade and negotiate independently on the global stage, as members of The Commonwealth and the Anglosphere.
Do not overlook the fact that politicians have plotted and schemmed since the 1950s and we have actually been vassals of the EU, when it was still using the aesopian linguistics and calling itself The Common Market in the early 1970s, a name the bureaucrats arbitrarily changed to EUropean Union in the early 1990s as they worked towards their long term goals of an ever closer centrally controlled Political and economic Union with its own anthem, currency, flag and rigid central control by its self appointed bureacrats towards a new Empirate –
It will take many years to rectify the mess our political class got us into and we have no other peacefull means by which to extricate ourselves than to depend on that self same self styled elite, who all too often forget they work for us!
One huge benefit of BreXit will be that we can negotiate with bodies like the WTO, UN, WHO, IMF, CODEX and the like, directly, in our own interest and that of our partners around the world, in both the Commonwealth and the Anglosphere at large; rather than having negotiations and terms imposed by unelected EU bureacrats and their interpretation of the rules handed down, as if they were some great achievement of the EU’s!
The greatest change and benefit will be political, as we improve our democracy and self determination, with the ability to deselect and elect our own Government, with an improved Westminster structure, see >
Harrogate Agenda<.
How we go about the process of disentangling our future wellbeing from the EU is laid out in extensive, well researched and immensely tedious detail see >
FleXcit< or for a brief video summary
CLICK HERE
~~~~~~~~~~#########~~~~~~~~~~
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Skype: GregL-W
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You are encouraged to contact me with information or to effect a correction on any of my postings – BUT I only respond to individuals providing a verifiable name, address and land line telephone.
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