The bureaucratic roots of arbitrarily contrived accusations implying ambiguous hate and consequently our temporal fate perhaps unwittingly subjected to our accusers onerous duplicity!

Signing ceremony of March 25, 1957 of the founding treaty establishing the European Economic Community, effective from 01 January 1958 at the Palazzo dei Conservatori, on Capitoline Hill, Rome

Wunderin, loike

Dat’s me dis morning if u choose at yu’re leisure t’imagin it, long flowin ‘unruly locks’ (note the choice of words carefully!) an dey wildly entangled in my thaughts, if you can conceive such an unkempt scenario, an worse, i admittedly knowin loike decidedly fheck all, dat’s fer sure loike, thus adding further lustre to the growin conceptun, an still i’m wundrin loike, idn’t it awful dat, dat to put it mildly, dat dis, our wondrous race of Celtic folk and we privileged among so many others are welcome here, so long had peacefully occupied and inhabited dis spiritual atmosphere embracing dis spiritually orientated land, and we had naturally abided by natural principles an dey wisely designed and attending with de view te dere preserving same, may soon witness, an my `heart is `eavy at de prospect of and my anticipation of some among us are unreasonably victimised by roguish accusations, an viciously contrived falsehoods which, are merely the spectacular and non-existent real property only of despicable and unconscionably conniving fabricators, and dey sorely devoid of any substantial basis may be discovered inherent in de least appreciation of their bearin any relation to reality and dere accursed impositions grievously imposed and wilfully foisted upon us, not to mention dere consequent punishments severely inflicted upon us, and if dat be so, t’is a scandalous travesty. It consists of a most immediate matter, and ought to elicit our gravest sense of concern, and assimilate it to the firmest of our objections.

i be fheckin serious now so, loike

Dat’s how i talks to m’self fhen i wakes up in de mornin, after i make sure dat i’m dere, an sometimes all dah loike, it’s a curious transition, fhen, the duration of it’s prelude i don’t even feel oi’m asleep before dat, not dat i knows dat fer sure, an still i wakes up anyway, not dat i knows dat fer sure eider, t’is jus de way tings seem. Dat be maybe de twilight zone, and dere outer limits, de sources of so many sensational tales accruing to de idea of dere frightfully unexpected.

De followin, has in it’s intended regard a depiction of a closer approximation attending how i, albeit hesitantly, visit m’self upon my unsuspectin fellow man. Forgive my calculated approach, dere is no other remidy to which i may gladly resort to illustrate the subject to which i’m in thrall ta, under de current diabolical sircumstances.

Seriously then

Council Framework. Whaaat? (make sure you watch the classic short video of Kat Williams linked in the footnote)¹Yeah, Council Framework Decision! Dat’s… sorry, i meant that’s the source of the bureaucratic convention alluded to in the foregoing ‘prologue’ or preamble, through the blackguarding facility of which any one among us may be ‘unjustifiably framed’. It ain’t no fhe…sorry, i meant it’s not a pretty picture to envisage. Dere is de fhecking dis an de fhecking dat…sorry, i meant there are several approaches any one of which may be adopted, some already had, others are, ranging from helpless moods of emotional outrages to righteous indignation and encompassing various impulses capturing in their inclusive remit a plethora of understandable responses to our possibly impending predicament while our apparently being subdued under the undue auspices of what is undeniably a ludicrous and unwonted malappropriation of authority.

The signing ceremony of the Accession Treaty for Ireland was held on 22 January 1972 in the Egmont Palace of Brussels. In the photo, Patrick Hillery, former Irish Minister for Foreign Affairs, and former Taoiseach Jack Lynch sign the Treaty.²

What’s this Framework, so? ³

I’m only lookin into this matter as of later this morning, and i’m proposing that more of us do so. The very least we may achieve, through our protracted and pedantic struggle, our superficial intTELLectual fumbling is our more complete understanding of the ‘functioning’ of the law making process and how it’s designs in the current and ludicrous Bill⁴ are contrived to impact us, however only so far as to the extent of our irreparable detriments.

Bill’s hardly anonymous introduction and it’s schedules progressive and sequential steps into unprecedented and oppressive legislation!

Wher’dis come from so…sorry loike, i meant To which or to whom do we owe the origination of the proposed draconian Bill? Who initiated it? To whom are we regrettably indebted? We may assuredly ascertain that it hadn’t materialized out of thin air.

It’s presented to our well meaning, if rather detached Oireachtas by the Minister for Justice, apparently. Honestly, one needs expect it’s submission through impressive and austere channels, and ‘at a stretch’ of our increasingly elastic imaginations, invert our former orientation, and we must begin to conceive of the Department of Justice in such exacting terms, however formerly endearing and it had occupied a sentimental place in our affections!

And this is where the Council Framework Decision is of literal and legal significances. ‘In effect’, this may prove itself to be of vital and consuming importance.

Our delightful Act which it is apparently our privilege, and felicitously bestowed upon us to cite as The Criminal Justice Act 2022 (1 Nov 2022 As initiated Criminal Justice (Incitement to Violence or Hatred and Hate Offences) is introduced to the Oireachtas in the context of it’s⁵ designed, or calibrated to give effect to Council Framework Decision 2008/913/JHA of 28 November 2008 ⁶ as stated in footnote 3.

The Treaty of the European Union, also known as Treaty of Maastricht and the signatures of the 12 Ministers for Foreign Affairs and for Finance of the Member States around it.⁷

Signed in: Maastricht (The Netherlands) 7 February 1992

Entry into force: 1st November 1993

JHA’s acronym refers to Justice and Home Affairs Council, a history of which is included in the link provided.⁸ It is noteworthy that it is observed in the text linked to that: ‘The Treaty on the European Union (TEU) which came into force in November 1993, allowed Justice and Home Affairs into the institutional framework of the EU. The Schengen prerogatives subsequently became part of this framework as a result of the coming into force of the Treaty of Amsterdam in May 1999’. Follow the link below and it’s concise chronology, including links to the relevant founding treaties of the European Union.⁹

The Crux, the Critical Juncture

The Framework Decisions were created under the auspices of the Amsterdam Treaty¹⁰and replaced the joint actions which were legal instruments under the Maastricht Treaty (see footnote 8). The Lisbon Treaty ¹¹ subsequently abolished Framework Decisions and the EU can now enact directives and regulations in the area of criminal justice by means of the ordinary legislative process.

The legal basis for Framework Decisions was Article 34 of the Treaty of the European Union. It had subsequently been amended by the Treaty of Nice¹² and repealed by the Lisbon Treaty.

We have arrived thus far and in harmony with a line of thought that may had tended to suggest that the Framework Decision hereto under involved and time consuming consideration may had been rendered obsolete, or through our lack of attention to some other neglected possibilities may had become ineffective? Some, among the 34 decisions which had been adopted between 1999 and 2009 had apparently suffered various fates, as can be seen at the link in footnote 3 under ‘List of Framework Decisions’.

A provision had been thoughtfully included in the union’s legislation which allowed for the continued basis for framework decisions and is set out in transitional provisions of the Lisbon Treaty. Article 9 of Protocol 36 under Title Vll on Transitional Provisions ¹³ provides that:

‘The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union’.

In closing, i venture that in conjunction with our enquiring if there is any prospect of appeal at European Court level it may be worth looking into the third paragraph (obviously in the hope of finding some recourse) which relates to paragraph 1 under Article 10 in footnote 13 below:

3. In any case, the transitional measure mentioned in paragraph 1 shall cease to have effect five years after the date of entry into force of the Treaty of Lisbon.

Here is the link to the relevant and consolidated versions of the treaties.¹⁴

I hope the links are in order, ‘cause i’m posting regardless, please let me know of any discrepancies. Well, this narrative started out yesterday mid-morning, and has been relatively consuming in the interim ‘till it’s completion this Monday afternoon.

1. https://youtube.com/shorts/39fQJmOM-Qg?si=d32pxEMciPPcY0iw

2. https://ireland.representation.ec.europa.eu/about-us/irelands-eu-membership_en

3. https://en.m.wikipedia.org/wiki/Framework_decision#:~:text=A%20framework%20decision%20was%20a,operation%20in%20criminal%20justice%20matters.

4. https://www.oireachtas.ie/en/bills/bill/2022/105/

5. An Act to amend the law relating to the prohibition of incitement to violence or hatred against a person or a group of persons on account of certain characteristics (referred to as protected characteristics) of the person or the group of persons and to provide for an offence of condoning, denying or grossly trivialising genocide, war crimes, crimes against humanity and crimes against peace and, in doing so, to give effect to Council Framework Decision 2008/913/JHA of 28 November 2008 (There’s a footnote 1 inserted here, see beneath this block of text) on combating certain forms and expressions of racism and xenophobia by means of criminal law; to provide for certain offences aggravated by hatred in the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994 and the Non-Fatal Offences against the Person Act, 1997; for those purposes, to provide for amendments of those and other enactments and to repeal the Prohibition of Incitement to Hatred Act, 1989; to provide in respect of other offences for hatred against a person or a group of persons on account of certain characteristics (referred to as protected characteristics) of the person or the group of persons to be an aggravating factor in sentencing for those offences; and to provide for related matters.

footnote: https://eur-lex.europa.eu/eli/dec_framw/2008/913/oj

6. https://www.eumonitor.eu/9353000/1/j9vvik7m1c3gyxp/vi3ojo6epnyy

7. https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-and-the-treaties/maastricht-treaty

8. https://www.eumonitor.eu/9353000/1/j9vvik7m1c3gyxp/vg9xfuxxeyvu#:~:text=The%20Justice%20and%20Home%20Affairs,States%20of%20the%20European%20Union.

9. https://european-union.europa.eu/principles-countries-history/principles-and-values/founding-agreements_en#:~:text=A%20treaty%20is%20a%20binding,EU%20and%20its%20member%20countries

10. https://www.europarl.europa.eu/factsheets/en/sheet/3/the-maastricht-and-amsterdam-treaties#:~:text=The%20Amsterdam%20Treaty%20set%20the,Institutions'%20attached%20to%20the%20Treaty.

11. https://www.europarl.europa.eu/factsheets/en/sheet/5/the-treaty-of-lisbon

12. https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-and-the-treaties/treaty-of-nice

13. TITLE VII

TRANSITIONAL PROVISIONS CONCERNING ACTS ADOPTED ON THE BASIS OF TITLES V AND VI OF THE TREATY ON EUROPEAN UNION PRIOR TO THE ENTRY INTO FORCE OF THE TREATY OF LISBON

Article 9

The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union.

Article 10

1. As a transitional measure, and with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which have been adopted before the entry into force of the Treaty of Lisbon, the powers of the institutions shall be the following at the date of entry into force of that Treaty: the powers of the Commission under Article 258 of the Treaty on the Functioning of the European Union shall not be applicable and the powers of the Court of Justice of the European Union under Title VI of the Treaty on European Union, in the version in force before the entry into force of the Treaty of Lisbon, shall remain the same, including where they have been accepted under Article 35(2) of the said Treaty on European Union.

2. The amendment of an act referred to in paragraph 1 shall entail the applicability of the powers of the institutions referred to in that paragraph as set out in the Treaties with respect to the amended act for those Member States to which that amended act shall apply.

3. In any case, the transitional measure mentioned in paragraph 1 shall cease to have effect five years after the date of entry into force of the Treaty of Lisbon.

4. At the latest six months before the expiry of the transitional period referred to in paragraph 3, the United Kingdom may notify to the Council that it does not accept, with respect to the acts referred to in paragraph 1, the powers of the institutions referred to in paragraph 1 as set out in the Treaties. In case the United Kingdom has made that notification, all acts referred to in paragraph 1 shall cease to apply to it as from the date of expiry of the transitional period referred to in paragraph 3. This subparagraph shall not apply with respect to the amended acts which are applicable to the United Kingdom as referred to in paragraph 2.

The Council, acting by a qualified majority on a proposal from the Commission, shall determine the necessary consequential and transitional arrangements. The United Kingdom shall not participate in the adoption of this decision. A qualified majority of the Council shall be defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.

The Council, acting by a qualified majority on a proposal from the Commission, may also adopt a decision determining that the United Kingdom shall bear the direct financial consequences, if any, necessarily and unavoidably incurred as a result of the cessation of its participation in those acts.

14. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX%3A12012M%2FTXT