Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.

Revolt in the Heart of UK Democracy

by Oui Tue Sep 10th, 2019 at 01:25:27 AM EST

See my earlier diary - Joy for A Day ... Boris Humiliated .

And - Plan B: A Revolt In House of Commons.

More below the fold ...

Brexit: chaotic scenes in the Commons as parliament is suspended - live news

Richard Wheeler, PA's parliamentary editor, calls tonight "arguably the most surreal time I've spent in the Commons chamber in six-and-a-half years" as Labour and opposition MPs remained in the chamber as the Speaker and Conservative MPs left to go to the House of Lords to watch the ceremony required for prorogation.

Opposition MPs, holding up signs saying "silenced", who chanted "Shame on you!" as Conservative MPs left the chamber, started singing - Red Flag, Jerusalem, Flower of Scotland and Bread of Heaven.

Jeremy Corbyn is now shaking hands with John Bercow and Labour MPs are queued up to shake Bercow's hand. The Speaker is taking his time with each handshake, giving Ian Blackford a big pat of the back and a rub of the arm. Bercow now hugging John McDonell. This might take a while.

The Conservative benches are almost empty, whereas the Labour benches are packed with MPs holding up signs saying "silenced". These are quite extraordinary scenes.

John Bercow is reading out what happened. He sounds incredibly bored. He is saying that the leader of the House of Lords addressed the group and gave assent to the proroguing of parliament.

Parliament is prorogued

Lords have addressed the Speaker and ordered that parliament has been prorogued. There was a lot of hat-tipping and now the Speaker, Black Rod and other key MPs have left the Lords.

Related reading ...

UK protesters denounce "coup" after Boris Johnson shuts down Parliament | Vox |
Prorogue Parliament: Protests against decision to suspend Parliament, ahead of Brexit | BBC News |

They rejected a snap election twice and handed Mr No-Deal a FORM LETTER requesting an A.50 extension because the last one had expired.

They make Sudan look good.

Diversity is the key to economic and political evolution.

by Cat on Tue Sep 10th, 2019 at 02:00:50 AM EST
Sudan interim constitution will only be amended after peace signed with all rebels
The Constitutional Declaration will not be amended to include representatives of the armed groups in the transitional government before reaching a comprehensive peace agreement, said a leading figure in the Forces for Freedom and Change (FFC) on Sunday. On 11 September 2019, a Sudanese government and the armed groups signed "The Juba Declaration of Confidence Building Measures and the Preparation for Negotiation".
Article 69 of the Constitutional Document provides that the comprehensive peace agreements signed between the Transitional Authority and the armed movements shall be included in this Constitutional Document in accordance with its provisions.

Documents (April 22, 2019) from Forces of the Declaration of Freedom and Change and the Sudanese Professionals Association, April 2019
Full text (Arabic only; 10 pages): Proposal of governance structures and the constitution of the state, for the transitional period in Sudan
TEXT: Draft of the Sudan Interim National Constitution, May 2005

Diversity is the key to economic and political evolution.

by Cat on Mon Sep 16th, 2019 at 02:01:18 AM EST
[ Parent ]
The Tory party purge continues ...

Tories set to 'depose Speaker Bercow' in next election after his furious blast at Michael Gove

At the moment it's a tradition that no other major party runs any candidate against the Speaker, giving them a clear shot at winning.

In 2010 only Nigel Farage, then Ukip leader, and several independent candidates ran against him.

This means there's not a huge risk of the Speaker being booted out mid-way through their term in office.

But Speaker Bercow has been accused of bias and helping pro-Remain MPs from ripping up rules in the Commons to thwart Brexit.


He [Michel Gove] warned that the law risked "subverting Parliament's proper role".

But Mr Bercow snapped back:

"I have sought to exercise my judgement...

"I will do it to the best of my ability without fear or favour - to coin a phrase, come what may, do or die."

The use of Boris Johnson's own catchphrase as an insult will have irritated the Government  

Johnson refers to the historical Charge of the Light Brigade ... or rather a bit rephrased as "Do and Die".

Why the British Take Glory in Defeat | The Atlantic |

by Oui on Tue Sep 10th, 2019 at 09:54:45 AM EST

President-elect Ursula von der Leyen presented her team and the new structure of the next European Commission

    Three Executive Vice-Presidents will have a double function. They will be both Vice-President responsible for one of three core topics of the President-elect's agenda and Commissioners.

    Executive Vice-President Frans Timmermans (Netherlands) will coordinate the work on the European Green Deal. He will also manage climate action policy, supported by the Directorate-General for Climate Action.

    Executive Vice-PresidentMargrethe Vestager (Denmark) will coordinate our whole agenda on a Europe fit for the digital age and be the Commissioner for Competition, supported by the Directorate-General for Competition.

    Executive Vice-President Valdis Dombrovskis (Latvia) will coordinate the work on an Economy that Works for People and be the Commissioner for financial services, supported by the Directorate-General for Financial Stability, Financial Services and Capital Markets Union.


EU member states accept Von der Leyen's gender-balanced list of commissioners

by Oui on Tue Sep 10th, 2019 at 12:03:43 PM EST
I've been following that story through de basement of press intrigue for two weeks. Set up a spread sheet, because the candidates and "portfolio" guesses changed, like, every 48 hours. Also, I almost got trapped in the labyrinth of "traditional" Comish-agency service dependencies, which might well change before 1 Nov. ahem ...

EIB begins metamorphosis into climate bank

Diversity is the key to economic and political evolution.

by Cat on Tue Sep 10th, 2019 at 02:09:24 PM EST
[ Parent ]
I'm quite optimistic the EU has shut the book on the likes of Juncker and Barosso ... mentioned the US as close ally ... clearly not on indicated policy proposals but in name of defense policy only. I listened to a part where the EU will focus on military plans, procurement of EU made arms, research, cyber security and aerospace.

On Green Policy - Frans Timmermans as commissioner - it will be supported by both France and Germany. Not sure the CSU part is on board, but that's Merkel's hobble to solve.

Von der Leyen also mentioned - words only ? - policy for social cohesion, young people left behind in a technocratic world of indifference. A big task ...

Watching that man with the finger on twitter messaging to learn Europe's fate after Brexit.

Bring an optimist has been my problem for six decades. 😄

by Oui on Tue Sep 10th, 2019 at 02:57:40 PM EST
[ Parent ]
AT   Hahn EPP    
BE   Reynders Renew    
HR   Šuica EPP    
CY   Kyriakides EPP    
CZ   Jourová Renew TRADE LIBE
DK   Vestager Renew SR VP INDUST
EE   Simaon Renew ECON TRANSP
FI   Urpilainen S&D ECON  
FR   Goulard Renew INT-MKT DEF
DE   von der Leyen EPP PRES  
GR   Schinas EPP    
HU   Trócsányi EPP*    
IT   Gentiloni PD/S&D ECON AGRI
LV   Dombrovskis EPP VP EURO
LT   Sinkevičius GR/EFA    
LU   Schmit S&D    
MT   Dalli S&D ENV  
NL   Timmermans S&D SR VP LIBE
PL   Wojciechowski PiS/ECR AGRI  
PT   Ferreira S&D SRI  
RO   Nica, Plumb, or Mănescu S&D TRANSP  
SK   Šefčovič S&D VP ENRG
SI   Lenarčič Renew* TRANSP ENLRG
ES   Borrell S&D H-REP  
SE   Johansson S&D TRADE  
UK   2019-2024 candidates withdrawn (08.22.19) 
    Janez Lenarčič Sec. General

Diversity is the key to economic and political evolution.
by Cat on Tue Sep 10th, 2019 at 05:29:17 PM EST
[ Parent ]
Theresa May's administration to live on in the House of Lords ... damn her!

Cronyism and May's extensive resignation honours list

by Oui on Tue Sep 10th, 2019 at 12:25:02 PM EST
Raymond McCord's Brexit legal challenge dismissed by Belfast High Court judge | Belfast Telegraph |

One of the applicants was high-profile victims' campaigner Raymond McCord, whose son was murdered by loyalist paramilitaries in 1997.

In his written judgment, the judge said: "I consider the characterisation of the subject matter of these proceedings as inherently and unmistakably political to be beyond plausible dispute.

"Virtually all of the assembled evidence belongs to the world of politics, both national and supra-national.

"Within the world of politics the well-recognised phenomena of claim and counterclaim, assertion and counter-assertion, allegation and denial, blow and counter-blow, alteration and modification of government policy, public statements, unpublished deliberations, posturing, strategy and tactics are the very essence of what is both countenanced and permitted in a democratic society."

Lord Justice Bernard McCloskey said he considered the action was "doomed to failure".  

by Oui on Thu Sep 12th, 2019 at 05:28:08 PM EST
This past weekend I was wondering what happened to that! The case was supposed to be heard Friday last. Not a peep. But while crawling the innerboobs I chanced on NI dockets for its superior and inferior courts though.

< reckless eyeballin' >


Diversity is the key to economic and political evolution.

by Cat on Thu Sep 12th, 2019 at 06:51:09 PM EST
[ Parent ]
MORE APsplainin

Johnson denies lying to queen, wins Brexit court case
"Operation Yellowhammer" [pdf] + "claim and counterclaim, assertion and counter-assertion, allegation and denial, blow and counter-blow" [no pdf] + "They also passed a law that orders the government to seek a three-month delay to Brexit if no agreement has been reached by late October, and rejected Johnson's call for a snap general election." [HC 433, no pdf] + "primeministers" [!] = "six defeats in the House of Commons in as many days"

m'k. whatevs.
McCord (Raymond), JR83 and Jamie Waring's Applications v The Prime Minister and others
(Wightman  and  Others  v  Secretary  of  State  for  Exiting  the  European  Union. lanssakes. What's that doing in there? o. right. relevant case law.)

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 12th, 2019 at 09:16:52 PM EST
[ Parent ]
... The Applicant contends that it is unlawful for the Prime Minister to ffect or attempt to effect a withdrawal from the European Union outside of the express terms, provisions and safeguards set out in theEuropean Union(Withdrawal) Act 2018 ('EUWA) ...

Only on p 5 of McCord but certain I need more beer, possibly weed to continue.

Diversity is the key to economic and political evolution.

by Cat on Thu Sep 12th, 2019 at 11:09:30 PM EST
[ Parent ]
< buffs nails >
p 20

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 12:54:16 AM EST
[ Parent ]
accuser burden of proving guilt (p 43) at trial

[  ] criminal - evidence beyond reasonable doubt
[X] civil - preponderance of evidence

[50] Second, the Applicants bear a burden of proof.  This was highlighted recently in JG v Upper* Tribunal, Immigration  and Asylum Chamber [2019] NICA  27 at [34]: ...
first principle: presumption of innocence at trial
* cites common law (case law) litigation, applicable law

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 04:45:58 AM EST
[ Parent ]
p 45

... a recent pronouncement of this court, in Re Kelly's Application* [2018] NIQB 8, at [9]: "In my judgement the fundamental flaw in this challenge is that it is brought in a legal and factual vacuum. It has no legal framework since it is not concerned with an actual decision of the Secretary of State, a proposed decision of the Secretary of State, an explicit refusal by the Secretary of State to exercise any of the powers, duties, functions or discretions conferred by [the 1998 Act], a failure by the Secretary of State to do so or, finally, a failure to consider whether to do so. Consequential upon this analysis, the Applicant's challenge has no factual framework either. It is entirely devoid of context. Absent a concrete context, I consider that there nothing to which the relevant common law principles fall to be applied. These principles are entirely dormant at the moment. They have no role in the setting of the Applicant's unavoidably vague and speculative case that a factual and legal context might arise in some unspecified circumstances on some unpredicted future date.
The family name, Sumption, is reminiscent of some character in some novel by Chas. Dickens. I might have mentioned.
* citing court opinion, uncontested litigation

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 05:15:04 AM EST
[ Parent ]
hmm, yes, well, in conclusion the opinion was quite amusing and informative as to points of law ("merits"), findings of law (citations of treaty, statutes, and case law: application to and interpretation of), findings of fact ("media" evidence LOL), and orders.

It is an easy read, although a lengthy 67 pp of NI-Eng. A good portion of this is given to loooong passages quoted from the substantive ("legal") documentary evidence--UK statutes and negotiation agreements ("construction") between UK and EU since 2017. The affect seems to have been to torture the paranormal, or psychic, abilities of the Applicants with expressed, rational intention of the controlling parties committed to existing, ie. current, written law in force. There is no "hard border."

The recitation of EUWA2018 sect. 13 is inserted, I believe, for comic relief--the establishment of "Bureaucracy" by the impotent parliament and all that.

The court dismissed all but one of the three Applicants' ("plaintiffs") arguments for relief, injunction, etc.

The plaintiffs are granted leave to appeal only questions on EUWA2018 section 10. That is indeed fertile ground to plant, so to speak, finally and indisputably the government's and parliament's duties therein and obligations to treaties, adopted by "subordinate" UK statutes--the Northern Ireland Act 1998 to GFA, in particular.

Now rises an old atty joke concerning controversy and ahh "inevitable" perennial frustration of plaintiffs with The Law: Justice may prevail but has no power to enforce itself.

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 13th, 2019 at 03:50:37 PM EST
[ Parent ]
Within the world of politics ...society.
a politic, or formal, description of "trash talk"

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 03:59:14 PM EST
[ Parent ]

PM Johnson to hold Brexit talks with EU's Juncker on Monday - Downing Street | Reuters |

Related reading ...

John Bercow: I'll stop Boris Johnson breaking the law on Brexit | The Guardian |
MP Dominic Grieve: Boris Johnson 'doesn't seem to have grasped that a prime minister is not above the law' | France24 |

by Oui on Fri Sep 13th, 2019 at 12:22:00 PM EST
English (673.3 KB - PDF)

Diversity is the key to economic and political evolution.
by Cat on Fri Sep 13th, 2019 at 04:06:42 PM EST
[ Parent ]
MEMORABLE QUOTE for monolingual readers

Diversity is the key to economic and political evolution.

by Cat on Fri Sep 13th, 2019 at 04:25:46 PM EST
[ Parent ]
Illustrative for Johnson's Brexit talks ...

Snails on the lunch menu with Juncker/Barnier in Luxembourg.

The Green Mad Hulk was absent at the joint press conference with his counterpart Xavier Bettel. Leaving an empty space ... a void ...

by Oui on Mon Sep 16th, 2019 at 03:22:58 PM EST
by Oui on Mon Sep 16th, 2019 at 05:05:44 PM EST
[ Parent ]

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