Articles of the ESM: Draghi reinvents the Divine Right of Kings
Off the keyboard of John Ward
Originally posted on The Slog on September 9th, 2012
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Draghi reinvents the Divine Right of Kings
Hitler’s 1933 Post-Reichstag Fire Emergency Decree had nothing on the newly drafted ESM Charter. You can read it here in full at the EU website: the mad folks are getting more brazen by the day, but they’re still leaving the nasties until the contemporary MSM journalists get bored: so the really startling stuff doesn’t appear until Article 32. These are the extracts that matter, quoted verbatim except for the usual deliberately baffling legalese:
Article 32, para 3: The ESM, its property, funding and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of judicial process. (There is one exception – entirely in the ESM’s favour)
para 4: The property, funding and assets of the ESM shall, wherever located and by whomsoever held, be immune from search, requisition, confiscation, expropriation or any other form of seizure, taking or foreclosure by executive, judicial, administrative or legislative action
para 8: To the extent necessary to carry out the activities provided for in this Treaty, all property, funding and assets of the ESM shall be free from restrictions, regulations, controls and moratoria of any nature
Article 35, para 1: In the interest of the ESM, the Chairperson of the Board of Governors, Governors, alternate Governors, Directors, alternate Directors, as well as the Managing Director and other staff members shall be immune from legal proceedings with respect to acts performed by them in their official capacity and shall enjoy inviolability in respect of their official papers and documents.
There are other worms in this charity tin, but trust me, these two articles are the ones that ensure it really isn’t the standard contract. The Sun headline is this: the ESM can steal your granny’s favourite sherry decanter, and there’s nothing you can do about it; any media hacks investigating grand larceny, murder and mass rape can whistle Dixie; no matter who they subordinate, cheat, or screw over, they’re allowed to, so there; and if I Mario Draghi deems it in the public good to stuff 46,000 gold bars in a Gnome’s private bank, it’s none of your business.
But there is one astonishing phrase in there which I feel duty bound to lift and separate from even this stuff above:
‘The archives of the ESM and all documents belonging to the ESM or held by it, shall be inviolable. The premises of the ESM shall be inviolable.’
The International Law Society definition of ‘inviolable’ is ‘unassailable and impregnable’. Or in one word, untouchable. Or an yet another word, supreme.
Or in a final word, Sovereign.
You have been warned.