-Caveat Lector- http://www.telegraph.co.uk:80/et?ac=000157380504876&rtmo=3SSmwx BM&atmo=rrrrrrrq&pg=/et/01/3/10/wfile10.html Eurofile: EU suppression of criticism smacks of fascism By Ambrose Evans-Pritchard THE European Court of Justice changed the political climate profoundly this week by ruling that the European Union can suppress criticism to protect its reputation. Keith Vaz, the Europe minister, dismissed the matter as a minor staff case involving Bernard Connolly, the British whistleblower, with no implications for ordinary EU citizens. But Mr Vaz mixes up two separate cases. One is a staff case, the other is a free speech case going far beyond the issue of whether Connolly broke his contract at the European Commission by writing The Rotten Heart of Europe. The court ruled that the Commission could restrict criticism that damaged "the institution's image and reputation", and that it could do so by resorting to a legal device used by fascist governments to suppress dissent in the 1920s and 1930s: "the protection of the rights of others". This ECJ ruling defies half a century of case law by Europe's other court, the non-EU Court of Human Rights in Strasbourg, as well as resurrecting the ancient offence of "seditious libel" banned by the House of Lords. The Human Rights Court has ruled repeatedly that governing bodies may not restrict criticism in such a way. Specifically, the term "protection of the rights of others" does not apply to public bodies. Last week's ruling shows that the ECJ (despite paying lip-service) does not consider itself bound by the European Convention on Human Rights, drafted by British lawyers after the Second World War to safeguard liberty in Europe. This is an extremely serious development because the EU's new Charter of Fundamental Rights extends the ECJ's competence into the area of civil liberties, transforming it from a commercial court dealing with single market issues to a full-fledged supreme court. The ECJ has already begun referring to the charter in its rulings, demolishing the British government's pretence that the document has no more legal status than "the Beano". The door could be soon be open for the ECJ to start ruling on free speech cases involving ordinary EU citizens, or indeed involving Euro- sceptic newspapers. We now have two rival sets of European rights law, overseen by rival courts with very different views of civil liberty: the ECJ and the charter on one side, set against the Human Rights Court and the convention on the other. The battle is just beginning. -- Best Wishes We can never be sure that the opinion we are endeavoring to stifle is a false opinion; and if we were sure, stifling it would be an evil still. -John Stuart Mill <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
