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What is Communitarian Law?

by Niki Raapana, December 2, 2006, (work in progress, last revised 12/04/06)

Before you form an opinion about a new Act of Congress or a revision to Municipal Codes that will somehow modify the laws designed to protect you, your family, your land, your home, and your resources, listen first for the buzzword "balancing."

Communitarian laws are always called a "necessary balancing" that furthers the "common good." Communitarianism is the foundation for the establishment of a global federation. Communitarian Law, by definition is always SUPREME law. The law itself requires "member" states in the United Nations (all 192 of them) to modify their political and legal structures to comply with global law. Nothing can exist that contradicts communitarian law, such as national or state constitutional law.

As Associazione Uomini Casalinghi explains, "It is the Court of Justice of Luxemburg which has this power, based currently on the texts of the different Treaties of Amsterdam, Maastricht and Nice. When the new European Constitution is adopted, it will serve as its basis. Its content is therefore vital. Everything concerning "communitarian law" comes under the Court of Justice of Luxemburg."

Communitarian law is also called Community Law.

Community law: "Law of the member states of the European Union, as adopted by the Council of Ministers. The European Court of Justice interprets and applies EU law. Community law forms part of the law of states and prevails over national law. In the UK, community law became effective after enactment of the European Communities Act 1972." (posted by Free Dictionary by Farlex).

Communitarian Law is the justice system for the emerging world government. The law was introduced across the world very slowly, in what is often called incremental stages or gradualism. This new law regulates all nations (and their citizens) who are engaged in the global "free" market. It represents the interests of the corporate community in each former nation. The new law balances (over-rules) all national laws that conflict with the expanding sustainable development and War on Terror-Rebuilding Community agenda. (see: Agenda 21).

In order for everyone to evolve into a "global citizen," everyone must first embrace global communitarian values. These values are the exact opposite of liberty and justice for all. Communitarian values requires an agreement to allow the sacrifice of common born individuals for the "common good." Common born people have no choice in whether or not they become the actual sacrificed individuals. Most ignorant commoners can be convinced they are not in the common born category. Each citizen is made to think their group are the "chosen" people... chosen for something really special, like saving the world or bringing world peace.

This new "balancing" of capitalism and communism is the final corruption of the basic principles for freedom established by the American colonial revolutionaries in the eighteenth century. Introduced to the world in the mid-eighteenth century by European scholars, theologians, and aristocrats, today communitarianism is sold to the masses under the guise of more moral and "Politically Correct" thinking. Today, because most Americans were clueless about any of the plans to change their entire political system, every U.S. Agency is committed to Sustainable Development (communitarianism) and we all take orders from the Department of Homeland Security.

All Communitarian systems evolve slowly under careful and steady manipulation (see: Fabian Socialism). Natural political evolution is a completely bogus theory founded on nothing but elitist pipe dreams. All political changes in the world today are orchestrated and played out by carefully trained dialectical thinkers. This includes ALL acts of terrorism dating back before the eighteenth century. The "thinkers" academic lineage is unbroken and can be traced directly to their modernized factions. Communitarians have posed as Islamic fundamentalists, Christian ministers, New Age Gurus, Right-wing (Aryan) militias, gangs, drug dealers, American attorneys, and "art students."

If we look close enough we can see almost every elected representative in the USA has embraced communitarianism. Most obvious changes are in the departmental strucutures of the federal bureacracy. The proposed Military Tribunals are communitarian in make-up, and all public discussion of this will include the term "balancing" and insist there is a "debate" between individual liberty and national security. But the actual terms of the debate will never make the legal rounds for constitutional amendments. Congress alone is being asked to make the final dialectical choice between individual freedom and national security. Yet, as any simpleton can understand, a nation formed to protect individual liberty would make protecting individual liberty the highest form of national security.

Americans can interpret every action their federal government takes to ensure National Security actually protects the International Security of the Emerging Supra-Naional Global Government. This enormous system has so many levels and so many organizations their names would fill the NYC telephone book. Regular citizens who attempt a redress of grievances from the Global Government will never make it through the maze of officers who keep sending them "someplace else." Everyone on the bottom of the system is only "following orders."

Since way before WWI, Europe has been the testing ground for creating the legal structure. All the courts and councils and revised constitutions have to be completely operational and effective before the final implementation of communitarian law in the United States. The rejection of the European Constitution by the French and Dutch voters in 2005 granted a short window of opportunity to the American people wishing to restore their national supremacy of law. It would surely follow historical precedence if the Americans were once again assisted in obtaining their individual freedom from the Empire by the Netherlands and France.

The European Union is the Western "democratic" model for establishing a world government. China and Russia are the Eastern Models.

"The most relevant model for the incremental establishment of a global federation may be the European Union, which politically unites a large group of widely diverse, some formerly hostile, nations spread over a large geographical area. The EU, which is still evolving, already has many attributes of a federal government, such as open internal borders, a directly elected parliament, a court system and a centralized economic policy."

"The EU's lead is being followed by the African Union, the Association of Southeast Asian Nations and the South American Community of Nations. A multitude of regional associations, aggregating most nations of the world, are at different stages of development towards a growing extent of economic, and sometimes political, integration."(Wikipedia.org)

Communitarian rules, regulations, and directives "balance" individual citizen's rights against the "health and safety" of the global community. This is the new "Supreme" Law. Since nobody can define what exactly the "common good" is, the new system grants a dictatorial right to creative enforcement to unelected, appointed councils and their international advisors. It's basically a free pass to write and enforce any new law they want, no matter how stupid. If it properly balances rights it will automatically over-rule all national and state constitutional laws that protect individual liberty. That's the price we pay for "security."

In spite of all the "debates" over the constitution versus the War on Terror, many national citizens hold firm to their national laws that were intended to protect individuals from corrupt international and lower-level government agencies. Good thing they don't know any more than what their "healthy insticts" tell them. The whole system would collapse if American voters understood Communitarian law is International Law. The very real (and pressing) problem with the actual law (and its founding Hegelian-Marxist legal concepts) is imposition of communitarian law in the United States violates the Supremacy Clause of the U.S. Constitution.

The new law represents a One World Government with many branches of unseen power. Their new civil society "rules" come from many different sources. Some come down the traditional roads from our state and federal congresses. Others come via Presidential Executive Orders. Still others are buried inside trade and development "agreements," "momorandums," "resolutions," and Initiatives. Sometimes the law just becomes the new mission statement of a federal or state government agency, which then proceeds to adopt and enforce communitarian laws without ever explaining the legal concept to the victims of the new enforcement actions. National and state justices have a primary role in implementing the new laws, and lawyers who establish communitarian precendent and case law are extremely important tools. Most American attorneys who defend common clients accused of communitarian "crimes" are far too uneducated and unprepared to present an adequate defense.

Once it has been "approved" by the national governments (or their appointed representatives), supreme global law totally controls the lives and activities of the "common" people. It assumes collective, State ownership of all "common" land. It regulates and directs all production, consumption, and trade. Communitarian law governs the international marketplace (and everything and everyone in it). Advanced American lawyers are taught lovely slogans and how to negotiate international deals within their local communities. In that little backward, war-torn country called Serbia, their law students are taught the "Primary sources of communitarian law are: establishing contracts, international agreements among EU-member-states and international agreements between Community and non-member-states or international organizations. Secondary legislature of EU are: regulations, directives, decisions, recommendations and opinions."

Emergence and development of institutions of the European integrations and sources of law of the European Union by Varga Siniša Strani pravni život 2002, No. 1-3, pp. 157-177 (article in Serbian) Abstract: "EU is a stage in the process of European integration. Realized in dynamical sense EU was established under influence of ideas of European movements, in conditions of a hard economical situation and intricate political relationships. The first European community was established in Paris on 18th April 1951. It was European Coal and Steel Community (ECSC). The other European communities were established in Rome on 25th march 1957. Those are European Economic Community and EUROATOM. EU was established by Treaty on European Union that was signed in Mastricht, a small Netherlands's town, on 7th February 1992. It was done a reform of European communities by Treaty on EU as well. There had already been reforms of EC. The most important was this one done by Single European Act (1986). Last reform of EC that described in the article was done by Treaty of Amsterdam (1997). Institutions of EU are: European parliament, Council, Commission, Court of Justice and Financial court. Council is not the same as European Council, a political body regulated by Treaty of EU. First instance court was added to Court of Justice on 1989. Consultative bodies of EU are: Economic - social Committee and Regional Committee. An important financial institution of EU is European investment bank. Organ for administrative control is Ombudsman. Sources of EU law are divided on primary and secondary ones. Primary sources of communitarian law are: establishing contracts, international agreements among EU-member-states and international agreements between Community and non-member-states or international organizations. Secondary legislature of EU are: regulations, directives, decisions, recommendations and opinions. There may exist sui generis legal acts. Particularly mentioned: general legal principles and precedents. At the end author concludes that EU law has a supremacy above national law of member states."

The University of Oregon Law School at Eugene has the oldest Commmunitarian Law Program in the United States, but typical of the way it's being hidden from the purposefully dumbed down Americans, Eugene's School of Law doesn't identify the law they teach as communitarian law. Communitarian Law is just not a term these reformed communists want to throw into the public arena. It's not good for the common good if the common man finds out he is a designated slave for the good of the collective. The American people can never be told international environmental law is based in communism. Pragmatic Americans would fire the new generation of graduating environmental lawyers or put them to work cleaning up the mess they've made of the American political environment. "The UO Law Program is leading the way among law schools in exploring global pressures on the environment and international mechanisms to address them."-J. William Futrell, Environmental Law Institute. UO Law School- pdf brochure.

In Portugal, (another "almost" communist country) 5th year students in Accounting and Administration study Communitarian Law. Here's a sample of what educated European elites are studying these days, from the www.europeana.ro project in Romaina: "- February - June 2001 - Course of specialization in European communitarian law organized by the Center of Economic and Administrative Preparation, Bucharest University (the subject of the diploma paper is "The European Commission")- 2001-2002 - Post university course about "Communitarian Law" organized by the Law Faculty, Bucharest University (diploma paper on "Romano Prodi`s Commission") - 2003-2004 - Post university course on "The history of the EU" organized by the History Faculty, Bucharest University - 2003-2005 - Master's course on "Communitarian law and European studies" at the Faculty of Philosophy, Bucharest University (dissertation paper on "Common Foreign & Security Policy")

The entire theory of the "need" for international law and the authority for global governance is based in the dialectical ideology of constant conflict and resolution. (Which is why we spent so much time disecting Hegel's dialectic.) This theory justifies "balancing" the rights of individuals protected by national law against the corporate-fascist international community. Often called the more "moral" law, its roots are found in British, Dutch, French, Austrian, Romainian, Chech, Polish, German, Soviet, Chinese, European, American, Catholic, Protestant, and Israeli communist writings. It's possible the reason the ACL has been unable to get the editors at Wikipedia to include Communitarian Law under the section titled communitarianism is because Communitarian Law is, for all intents and purposes, Communism with a "friendlier capitalist face."

A blueprint for what's called "central planning," this is the supreme law used by the emerging world government bodies and affiliates who are busily Rebuilding the World. Sustainable Development concepts always over-rules any national law that conflicts with communitarian economic principles and moral values. Historical (unevolved) communitarian principles are detailed in a document called The Communist Manifesto.

Integration into a "supranational" organization like the EU and the WTO requires member states to modify their national laws under a new communitarian legal code. In the United States, communitarian changes to constitutional law are "evolving" quietly across the land. The change has been steadily ongoing for several decades, and with the full implementation of UN Local Agenda 21 the U.S. will be completly reformed.

In the U.S. there are many varieties of Communitarian Law, and often they are not defined as such. The key to identifying an unconstitutional communitarian law is ANY new law that curtails individual liberty in the name of the "community" or the "common good." These and any other terms that define America as a "collective" or part of the "global community" are communist-communitarian terms used to trick free people into becoming slaves for the State. Protecting the "common good" and promoting "democracy" was the goal of the international communists in the late 19th century and it is the exact same ultimate goal of the emerging "more moral" world government.

The U.S. is being merged into a Council on Foreign Relations' Plan to eliminate the U.S. under a new regional government called the North American Union. The "model" legislation for the integration policies is the European Union (see: CAFTA, the EU and Communitarian Law). While the rest of the world is handing out Master's degrees in Communitarian Law, the U.S. (home of the free and the brave) hasn't got the first clue what's happening to their beloved "Rule of Law." Many Americans point to one law or another (like the Patriot Act) as treason, but they never identify these unconstitutional laws for what they really are. Which also means there is no organized attempt, none what-so-ever, to identify and expose communitarian laws as treasonous actions against the legitimate government, i.e. the "people." American attorneys refuse to even discuss it with their own clients who've been charged with communitarian "crimes." Maybe we all need to take the new laws more seriously.

Taking Law Seriously: Communitarian Search and Seizure by D Schuman, American Criminal Law Review Volume:27 Issue:4 Dated:(1990) Pages:583-617: "Abstract: The law of search and seizure deriving from traditional liberal-individualism is expressed in current U.S. Supreme Court cases. Liberal-individualism focuses on individuals and regards them as rights-bearing entities whose social and political bonds are instrumental, temporary, intentionally-forged, incidental aids to be exploited in pursuit of personal goals. Communitarianism conceives of public policy as the result of a deliberative process seeking to discover a common vision of good. It conceives of the State as an enabling and constitutive body and not as a limiting or threatening one and de-emphasizes pre-political individual rights as fallback provisions grounded in tradition and consensus. In the State of Oregon, an evolving law of search and seizure suggests that communitarian precepts can be translated into workable and coherent State constitutional doctrine."

Communitarian law is also called International Development Law.

"What is the Rule of Law? By Helen Yu and Alison Guernsey, the University of Iowa Center for Finance and International Development: "Economic growth, political modernization, the protection of human rights, and other worthy objectives are all believed to hinge, at least in part, on 'the rule of law.'"--World Bank, The Rule of Law as a Goal of Development Policy. Under Section C. Law & Development: Legal Transplantation: "The term "legal transplantation" describes the phenomenon of borrowing legal rules from other countries. Academic debates often center on the moral and practical implications of legal transplantation and, by extension, the imposition of the rule of law. Many developing countries, including China, Russia, Turkey and Japan, since the early 1900s, had varying legal traditions of their own. When developing countries such as these adopt laws from other countries, the rules borrowed may not fit the underlying tradition, culture, and social context of the developing country. For example, Western democracies tend to focus on individual liberties, which many people associate with capitalism. Consequently, the Western notion of what constitutes the rule of law reflects this world-view. Other legal structures, however, may emphasize communitarian duties and responsibilities."

The Chinese and Soviet communist-communitarian governments are the experts in defining Communitarian duties and responsibilities. (The more moral Dr. Etzioni modified this for his American audience, the Network calls it "Rights and Responsibilities.")

Offsite News, Studies, and Courses About Communitarian Law

Check out Wikipedia's New World Order (Conspiracy) page. It expanded to include "Other new world order theorists see the conspiracy at work in globalization, or in the various intellectual movements evolved from Marxism, ranging from social democracy to the Frankfurt School. These are thought to be intended to homogenize cultures and values by political normalization, as in the European Union and African Union's gradual "communitarian construction" scheme of a common economic and legal framework." This slight reference to the ACL is listed under Historical Manipulations.

The History of Communitarian Law and the European Union: Declaration of 9 May 1950:"This is the full text of the proposal, which was presented by the French foreign minister Robert Schuman and which led to the creation of what is now the European Union."

From free-europe.org we found an Irish Open Letter to TDs/Senators re tomorrow's "Europe Day" Dail debate: What they may not know about the Schuman Declaration of 9 May 1950. Free Europe also provided us with a quote we used in the CAFTA article: "One must act 'as if' in Europe: as if one wanted only very few things, in order to obtain a great deal. As if nations were to remain sovereign, in order to convince them to surrender their sovereignty. The Commission in Brussels, for example, must act as if it were a technical organism, in order to operate like a government ... and so on, camouflaging and toning down. The sovereignty lost at national level does not pass to any new subject. It is entrusted to a faceless entity: NATO, the UN and eventually the EU. The Union is the vanguard of this changing world: it indicates a future of Princes without sovereignty. The new entity is faceless and those who are in command can neither be pinned down nor elected ... That is the way Europe was made too: by creating communitarian organisms without giving the organisms presided over by national governments the impression that they were being subjected to a higher power.// That is how the Court of Justice as a supra-national organ was born. It was a sort of unseen atom bomb, which Schuman and Monnet slipped into the negotiations on the Coal and Steel Community. That was what the 'CSC' itself was: a random mixture of national egotisms which became communitarian. I don't think it is a good idea to replace this slow and effective method - which keeps national States free from anxiety while they are being stripped of power - with great institutional leaps - Therefore I prefer to go slowly, to crumble pieces of sovereignty up litle by little, avoiding brusque transitions from national to federal power. That is the way I think we will have to build Europe's common policies..." - Italian Prime Minister Giuliano Amato, later Vice-President of the EU Constitutional Convention, interview with Barbara Spinelli, La Stampa, 13 July 2000.

The Reign of Law, an Acquis Communautaire to acquire by Julien THERON, November 2005.

"But we are already making the second step: another continental conference in June to decide for a communitarian law that settles and sanctions phenomenons like racism, islamophobia and anti-Semitism." Franco Frattini, vice president of the EU Commission, announces a summit in Vienna with all religious muslim leaders "Together with the Imams against terror" by Gabriele Canč, Il Resto del Carlino - 25 february 2006 Frontpage + p. 2+3

I tried to find the above summit, instead I found this: Journalists discuss racism in the media at EUMC media seminar at the European Monitoring Centre (EUMC) on Racism and Xenophobia. The EU has a Fundamental Rights Agency. Comining soon to a country near you: "The Commission proposes the establishment of a European Union Agency for Fundamental Rights. The Agency will be an independent centre of expertise on fundamental rights issues through data collection, analysis and networking. It will advise the Union institutions and the Member States on how best to prepare or implement fundamental rights related Union legislation." The website discussing public hearings on the "study" says: "The hearing was opened by Franco Frattini, Vice President of the European Commission, Luc Frieden, Minister of Justice of Luxembourg, and Jean-Louis Bourlanges, Chairman of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs."

And here's Etzioni's "idea" for "Diversity With Unity" published by the EUMC.

The Communitarian Network at George Washington University, D.C.

The Communitarian Essay Contest ended, and Niki Raapana's essay did not win (this reprint is unformatted.) TAKING RESPONSIBILITY by Robert M. Ackerman took second place with this opening line: " Communitarians have suggested that our self-seeking tendencies must sometimes be set aside in pursuit of the common good."

The New Golden Rule: Community and Morality In a Democratic Society.(Book Review) Source: Global Virtue Ethics Review, Publication Date: 01-JAN-03, Author: Brannon, Pamela T. "Laws: The question may be asked, are laws necessary in the good society? The answer is yes, for two reasons: first, laws are "expressive of the community's values. Second, communitarian law helps maintain the social order by dealing with those who disregard the moral voice (p. 146)." A social order based more on shared values and moral voices than on the government is close to being a society that reflects the new golden rule."

Complex Democracy and the Obligation to Obey the Law by Agustín José Menéndez, ARENA. See also: Globalisation and Democracy* by Erik Oddvar Eriksen, ARENA, The Future Soul of Europe: Nationalism or Just Patriotism? A Critique of David Miller's defence of Nationality by Andreas Fřllesdal, ARENA, University of Osloand, and Towards a World Domestic Policy by Erik Oddvar Eriksen: "Abstract- According to Jürgen Habermas, the principle of popular sovereignty is about to be transformed into a law for the citizens of the world. Partly this is due to the non-institutionalized form of human rights politics, which has lead to the creation of political institutions above the nation state. Partly it is due to globalisation that challenges the autonomy and sovereignty of the nation-state. Politico-judicial bodies on the supra-national level are required in order to catch up with economic globalisation and to secure impartial law enforcement in case human rights violations. Consistent with the discourse theoretical reconstruction of international relations there is a tension between international law's recognition of sovereign states and the regulative idea of equal rights for all, which is reflected in an actual opposition between democracy and law, and between foreign and domestic policy. The autonomy of the state is being undermined by international human rights politics, due to the taming of the will power of the nation state. Hence there is a cosmopolitan law in the making.

And I know this is long, but see if you can find the U.S. system in this working paper: The Question of Deliberative Supranationalism in the EU by Erik O. Eriksen, ARENA, University of Oslo.

Section Law and Communitarian Studies by the Association of American Law Schools.

Communitarianism vs. Individualism: Constitutionalism in Namibia and South Africa| by Adrien K. Wing, 295. University of Wisconsin Law School.

USEFUL LINKS OF THE EUROPEAN UNION euromoneyforyou.com includes a link to Communitarian Law.

For countries facing open communist-nationalist takeovers, "benign" communitarian membership looks pretty good. Portugal and the EU Before Accession: "The European Union Brought to Portugal Enormous Benefits Allowing to Improve Life Conditions for Most of the Population, the Political Environment and Stability and Companies Competitiveness and Innovation.// The Portuguese Communitarian Integration Was One of the Most Remarkable Periods of Portuguese Development History. It Helped Changing Mentalities, Opening Society, Improving Infrastructures, Macroeconomic Stabilization, Opening of the Financial System, Liberalization of the Capitals Market, Modernization of Productive Procedures and Companies, Educational System and Administration Reforms."

researching european law - a basic introduction by John Furlong and Susan Doe,CALL Conference, St. Johns, Newfoundland, May 2005.

The 'International Community': Facing the Challenge of Globalization by Bruno Simma* and Andreas L. Paulus**,*Professor of International and European Community Law. Institut für Internationales Recht - Völkerrecht. Ludwig-Maximillans-Universität, Professor-Huber-Platz 2, D-80539 München. Germany: member of the Editorial Board. ** Institut für Internationales Recht - Völkerrecht, Ludwig-Maximilians-Universität München.

COMMUNITARIANISM AND SOLIDARITY: BASIS OF THE COMMUNITARIAN STATE by Alfredo Sarmiento Narváez, DANSOCIAL Director.

Human Rights and Courts By CARDONA FERREIRA, President of the Portuguese Supreme Court of Justice: "Meanwhile and concerning the European Union, the Court of Justice and the Court of 1st Instance, both settled in Luxembourg, continued their activity, keeping up with the growth of influence of the Communitarian Law. The influence of jurisprudence is so significant that many people know by "Bosman Law", followed without discussion, what is only a decision of the Court of Justice, concerning a person called Bosnian."

Law for Biological Corridors of Puerto Rico - 1999 "The flourishing of the communitarian initiatives in forest conservation provoked the government of Puerto Rico to approve law #14, law unifying the Maricao, Susua, Toro Negro, Guilarte and Pueblo forests, on January 9, 1999. This law demands to the Department of Environmental and Natural Resources to identify lands between these forests and trace two biological corridors that unite them, mark buffer zones, and determine ways to conserve and acquire them."

The General Principles of the Law in the European Communitarian Law Universidad Cardenal Herrera-CEU.

Vaccination and other altruistic medical treatments: should autonomy or communitarianism prevail? by Pywell S., Faculty of Law, University of Hertfordshire, UK.

Communitarianism and law and order by Gordon Hughes for Critical Social Policy, Vol. 16, No. 49, 17-41 (1996) DOI: 10.1177/026101839601604902 © 1996 Critical Social Policy Ltd.

Researching French Law By Stéphane Cottin and Jérôme Rabenou, Published May 2005, Hauser Global Law School Program, New York University School of Law.

Communitarianism in Law and Society Series: Rights and Responsibilities: Communitarian Perspectives, By Paul van Seters, Tilburg University.

Kyushu University Faculty of Law and Ludwig-Maximilian University (Munich) Law Faculty's Joint Research Program

Projects in Progress.

Data protection and communitarian law by Maria Angeles Chacon Sanchez, Abogado in Sevilla.

Presentation by Dr Jan Mazak, President of the Slovak Constitutional Court, 10/21/2004. (This is old, we used it before but it's still very useful.)

Criminal Law and Treaty establishing a Constitution for Europe, Universitŕ degli Studi di Verona.

European Court of Justice crosses the Rubicon November 2006 blogspot by Iacta alea est.

Robert Schuman Application of the Andean Communitarian Law - by Eric Tremolada

Presidential Assassinations and Attempts, and a Typical Motorcade by John T. Marck.