
People do not want Europe inveigling its way into “every nook and cranny of life”, they said. Needless to say,
insiders hijacked the process. A Hegelian monstrosity emerged. The text says much about the heightened powers of
EU bodies, but scarcely a word to restrain EU bailiffs and constables.
The Charter of Fundamental Rights – legally binding in the UK as of Tuesday, when Lisbon came into force –
asserts that the EU has the authority to circumscribe all rights and freedoms.
The text was modified after I threw a tantrum in the Daily Telegraph during the drafting process, comparing it to
the “general interest” clause used by Fascist regimes to crush dissent in the 1930s.
Article 52 now reads: “Subject to the principle of proportionality, limitations may be made only if they are
necessary and genuinely meet objectives of general interest recognised by the Union.”
Don’t be misled by this inverted wording. What it states is that the EU may indeed limit rights in the “general
interest”. In other words, our Magna Carta has been superceeded.
It is the European Court (ECJ) that decides what is “proportional” or “necessary”, and it cannot be trusted.
The ECJ behaves like the Star Chamber of Charles I, as I learned following three cases where it rubber-stamped
the abuse of state power against whistleblowers Bernard Connolly and Marta Andreasen, and German journalist
Hans-Martin Tillack.