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01/10/2011

Application before the European Court of Human Rights (6)

Sorry to those who waited a long time.

Part One

Part two

Part three 

Part four

Part five

The economic market is not merely a meeting of supply and demand, of goods and services. No, the economic market is also the supply and demand of safety and justice. By isolating ‘safety’ and ‘justice’ in institutes, the awareness that their essence can only be brought to life by individuals will easily fade. The market is also a meeting of politics and the judiciary and if these do not integrate within the market of goods and services, protectionism and economic apartheid will be the logical consequence.

 

Displayed in a diagram, this is as follows:

 

 

Financial world/dogmas and conditioning

legislative

executive

judicial

parliament

government

the courts

 

This is, roughly, the description Montesquieu gave. Then, as now, the financial world was spared. It exists, in fact, as a law unto itself, which emerges clearly in a saying by M.A. Rothschild (1744 – 1812): “Give me control of the financial system and I don’t care who makes the laws.” Or, more recently, as said by head of investment bank Goldman Sachs, Mr Lloyd Blankfein, on 8 November 2009 in The Times newspaper: I am doing “God’s work”.

 

The diagram below shows how to redress balance and reciprocity in the contract between governments and the people. Here, the financial world has again been subordinated to governments, serving (economic means of communication) society instead of being in an unassailable position above all the parties (above the law) as is the case today:

 

 


 

 

 

Rights and duties of man
A curtailing of freedom and hence the burden on the individual and society.

No individual, country or institution can lay claim to exclusivity – here everyone is “equal”.

 

legislative

 

executive

 

judicial

parliament

government administration

the courts

financial world/religions/science

day-to-day executive: individuals in society

the integration of the economy into democracy and the latter into the constitutional state

 

It forces governments and individuals to keep the foundations and the structures as simple as possible and to remain in contact with the ‘essence’ of co-existence, respecting the individual’s essential and responsible role in the whole and trying to reinforce it by giving it meaning.

 

Because money plays an almost all-defining and simultaneously uncontrollable role, the question is whether we are still able to gain a purchase on a common frame of reference. The cult of the winner that dominates politics, economy and sports represents the gap between people rather than bridging it. This winner’s mentality in our middle-class belief in profit and growth has something unbridled in it, and has no single framework within itself. Profit wants more profit, growth more growth, money wants more money. The winner will always find a way to win.

 

Hitler, the leader of the Nazi conspirators who are now on trial before you, is reported as having said, in reference to their war-like plans: "I shall give a propagandist cause for starting the war, never mind whether it be true or not. The victor shall not be asked later on whether he told the truth or not. In starting and making a war, not the right is what matters, but victory. The strongest has the right." 

                                           
  One of the prosecutors at the Nuremburg Tribunal

According to the undersigned, this is the dominant logic within the contemporary politico-economic system. War is to be replaced by competition and the extent of injustice is, of course, incomparable.

This brings me to the question whether within the Dutch constitutional state it is presumed that something automatically becomes a social truth if you secure a parliamentary majority for it.

If the answer is affirmative, then this system of justice can neither be independent nor can it function in relation to the whole. A fair trial is then open to all kinds of provisos, restrictions and fears, and there is little room for the spirit of the law, conscience and individuality in relation to the whole.

It is conditioning that rules in that case, often out of fear, and we are not permitted to call it into question. It goes without saying that the issue in this application that is brought before the court goes further than the Dutch government, the undersigned and the European Court. However, the spirit of the law can only be resuscitated if individuals and bodies have the courage to act not only for their own good, but also for the general good.

 Part 7 end.