By Petros I. Miliarakis*
On July 5. 2015, in line with the domestic constitutional order, a referendum was held in Greece for the Greek people to adopt a stance, certainly not to exit from the EU – even from the euro (since no such issue had been debated), but to give an answer to the extortive dilemmas of Brussels and the so-called Institutions who are commissioned to serve the Creditors’ interests. The people were summoned, that is, to answer for the undue behavior of the dominant creditors who imposed on the entire society, the whole of the population, the burden of an unprecedented austerity, the “penalty” of effeteness which, it seems, is dictated by the “protestant morality”. The Greek people gave their answer to the terroristic dilemmas and refused to adopt the ex cathedra austerity measures with an overwhelming 62%. It was a brave answer!
Surely, the headquarters in Brussels and those of the Creditors, with their “frigid” representatives, initiated dreadful pressures on the Greek government and on the domestic political scenery for an, in essence, overthrow of the will of the overwhelming majority of the Greek people. Super-weapon: the contemporary “nuclear power” the euro, belonging to the arsenal of the European Central Bank (ECT).
With a gun to their head
It is not by chance that the Prime Minister of the Country mr. Alexis Tsipras addressing the Greek Parliament in essence revealed that: “A pistol had been put to his head”!
This refers me, any more or less, to the book of John Perkins: «Confessions of An economic Hit Man» (Ebury Press, London, 2005). This attitude, however, of the European elite and the Creditors violates the basic Principles, Values and rules of the international and the European law and order.
Concerning the EU law and order
It should be noted that out of combination of the provisions of articles 2, 3, 4 , 6, 9 , 10 and 11 of the Lisbon Convention on European Union results that the Union (among others) is based on the Values of respect of human dignity, the prosperity of the peoples, the social cohesion and solidarity among the member states. At the same time, the institutions of the EU are obliged to respect the equality of member-states before the Conventions and their political and constitutional structure, while the EU function is established on the Principles and Values of the representative democracy. Besides, the doctrine of the EU law and order is that: every citizen has the right to take part in the democratic life of the Union, the decisions of which are taken transparently and as closer to its citizens as possible. Such decisions are always taken with respect to the Charter of fundamental rights of the European Union also the Human Rights and Fundamental Freedoms of the Council of Europe.
The overturn of the verdict of the Greek People, evidently violates the above mentioned provisions, as well as the austere rules of the international legal and political culture.
Concerning the International Public Law
On the basis of the Prime Minister’s statement quoted above, which in essence constitutes a threat(!), so that a nation is forced through use of any form of violence to accede to an international agreement, an onerous act is practised, the results of which give rise to fundamental nullity. It should be stressed that the “specific threat” is first time entertained: it has to do with market suffocation and deprivation of cash circulation in order to force the people and their government to succumb. However this agreement, without a shadow of doubt, is invalid, as it is based on a burdensome and illegal assumption. Besides, the provision of article 52 of the Vienna Convention on the Law of Treaties, expressly stipulates that:
«A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.»
This being so
The verdict of the Greek People of July 5. 2015, is an unequivocal historical event. It is the overwhelming answer to frugality, which means that a whole society will be always on red alert lawful rights and resist the predatory behavior of the creditors. It must, however, become clear that the overall attitude of the EU organs to the detriment of Greece, a member-state of the European Union, is incompatible with the Principles and Values of the entire European structure. Whoever foolishly infringes and militates against the legal and political culture established with Conventions, will not simply suffer the implacable criticism of history. They will be soon end up on the sidelines of history, since people come out always victorious, you fool!
The present text may constitute the grounds for future negotiations on deletion of the debt of Greece. At any rate, all those who copped out and finally, with their vote at the Parliament, overturned the referendum verdict, are not relieved of their responsibilities and will be judged by history.
* Mr. Petros Miliarakis practices law at the Supreme Courts in Greece and the European Courts in Strasbourg and in Luxembourg (ECHR and GC – EU).