Change Law to Give Us Vote on EU, Say Germans
Schroder comes under growing pressure to hold
referendum on new constitution
by Tony Paterson

The German Government is under growing pressure to hold a referendum on the new European constitution after 30 of the country's most eminent legal scholars declared that federal law could easily be changed to allow a vote.

Opinion polls show that 70 per cent of Germans want a vote on the treaty but Chancellor Gerhard Schroder has refused to follow the British and French in staging a referendum.

Mr Schroder insists that Germany cannot do so because the country's post war constitution expressly forbids extra-parliamentary plebiscites, to make it harder for an extremist party to seize power. "Even if we wanted to have a vote, we would not be allowed to. Plebiscites are illegal under German law," he said last week, declaring that his government would override public opinion and seek only parliamentary approval for the EU constitution this year.

The legal scholars have, however, undermined Mr Schroder's claims. In a joint statement published last week, 34 professors, led by Hans Herbert Arnim from the University of Speyer, declared: "A small addition to the text of the [German] constitution could enable the German people to vote in a referendum." The letter said that a vote was "necessary" because Germans had been denied the chance to elect directly members of the European convention, which drew up the EU constitution. Previously, they had been denied a vote on whether to join the euro.

Nine of the EU's member states, including Britain, France and Spain are to hold referendums on the constitution next year. Fourteen other member states remain undecided. Germany and Greece have ruled out the idea.

German politicians were surprised when Tony Blair, the Prime Minister, caved in to pressure for a referendum earlier this year, and shocked when president Jacques Chirac followed suit last month.

Germany's ban on national referendums was designed to ensure that, unlike its Nazi predecessor, post war Germany remained anchored in parliamentary democracy. Supporters of a referendum point out that the Nazis did not use plebiscites to gain power, but initially won it in an election. However, in 1934 Hitler won overwhelming backing in a referendum for his move to become president and assume dictatorial powers.

German law stipulates that ratification of key EU reforms can only be achieved through a two-thirds parliamentary majority. The professors' statement has added to a growing clamour for a vote from across the political spectrum. Edmund Stoiber, the conservative Bavarian prime minister who ran against Mr Schroder in Germany's 2002 general election, declared last week: "If the French, the British and the Spanish are to hold a referendum on this issue, the Germans cannot be barred from the process."

Mr Stoiber's views are echoed by Roman Herzog, Germany's former conservative president, who argued recently that Germany faced the prospect of being the "only country in Europe" not to hold a referendum. Other advocates include Guido Westerwelle, the leader of the country's liberal Free Democratic party, Wolfgang Thierse, Germany's Social Democrat parliamentary president, leading Green party MPs and at least 5 of Germany's 16 regional branches of Mr Schroder's governing party.

Mr Stoiber's Bavarian conservatives and the liberal Free Democrats have already drawn up proposals which would allow the constitution to be altered by a two-thirds majority in the country's upper and lower houses of parliament to enable a one-off referendum on the EU constitution next year.

Mr Schroder does have one key ally, the opposition leader. Angela Merkel, who is also resolutely opposed to circumventing parliament on a key EU issue.

Senior government and opposition MPs said last week that Mr Schroder's reluctance to consider a referendum stemmed from fears that a plebiscite could backfire, and be used to deliver a vote of no confidence in the government.

German politicians are still smarting from the disaster in 1996 when a regional referendum on whether to merge the city state of Berlin with the surrounding region of Brandenburg resulted in the proposal being rejected outright despite a vigorous pro campaign by the main political parties.

Wolfgang Schauble, the former Christian Democrat party leader, warned: "There is a danger that a referendum on the EU constitution would lead to a vote that has nothing to do with the EU at all."

Reflecting the prevailing mood in the Berlin Chancellery, Michael Muller, the deputy head of the Democrats' parliamentary party, added: "Sometimes the electorate has to be protected from making the wrong decisions."

German constitutional experts such as the Frieburg lawyer Thomas Wurtenberger insisted last week that Germany's constitutional ban on national referendums was out of date. "It is simply no longer convincing," he said.
The Sunday Telegraph, 1st August 2004

PHILLIP DAY'S COMMENT: I suppose we should not be surprised European politicians with a lot to lose are trying to deny their nations a voice in the future, knowing already the destructive effects of the Union have turned many against them. But who gets the chills when Michael Muller arrogantly intones: 'Sometimes the electorate has to be protected from making the wrong decisions'?

Unpopular, minority or even extremist agendas can only succeed if the majority of the public are cowed into apathy from being told they are dumb, gullible, stupid and unable to come to the 'right decision' about what's best for them. This is Global Socialism, one big, overarching, all-knowing and all-powerful government (doubtless in the foreseeable future, soon to be a world-wide monstrosity), calling the shots on everything, and if you don't like it, so much the worse for you.

In this edition of EClub, you will see this supercilious condescension leveled at alternative medicine, those who oppose vaccination, those who want law and order instead of liberal anarchy, and those who want the simple right to choose alternative medications if they so desire. The EU is probably the single-most shameful 'human rights' violation in Europe today, the scale of which can only begin to be comprehended when one stops to take even a cursory glance at what we're being sold. Do not go another day without understanding the real issues at stake here, and what they will mean for you.

Further Resources
Spread the word to friends with The Real Face of the European Union by Phillip Day, a video documentary (PAL format only) which lays out the serious problems with the European Union and what you can do about it. Also, don't miss the two following incisive commentaries on the dangers of Britain's involvement with the EU:

Ten Minutes to Midnight by Phillip Day
Vigilance by Ashley Mote
Click here to purchase or review any of the above.
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