In this article I will substantiate constitutionally the 10 Steps that I had suggested as an alternative plan, since their constitutionality is not immediately apparent. It is however really curious how it is possible for the issue of constitutionality not to be brought on what the government is setting in motion (state protectionism of the banks) while every single one confesses at the same time that such government does away with crucial assets of the People and undermines and overrides completely Rights and privileges/safety valves stipulated in the Constitution.
To be able to see the following substantiation and in fact retain some hope of survival as an independent and free-thinking People, it is necessary for us to start adopting a more balanced and healthier way of thought (e.g., extend the same dispute and questioning we subject each other, to the state officials and power holders who operate under the mandate of the People).
It is, in other words necessary, to change the philosophy of the slave who submits to whomever power holder comes to pass (something we have been inculcated with the help of education and mass media) and come to grips with the fact that we have a Constitution (even in its current incomplete form) that addresses itself to Free Citizens who elect (that is through majority vote) and know how to put to check the wielders of power – representatives who man the state apparatus and their organizations, as well as discipline them and punish them.
The legal and Constitutional mechanisms exist and it is simply us that have allowed them to fall into disuse or degeneration (not at the legal level but) in practice / everyday life by every state-fed unionist, jurist, politician, etc.
To effect this kind of perceptual reorientation, we must, to begin with, always and ever keep in mind and apply on a daily basis the following two articles of the Constitution: Article 4 (par. 1,2,5,7), which means that since we enjoy Political Rights and that we have not been made ward of by a third party, or under prosecution by the justice, our own opinion and understanding of the Constitution is at least equal to that suggested by any elected official or other fellow citizens (i.e., journalists, constitution specialists, etc), so whenever there is disagreement as to what a Constitutional article means, it is not possible for only a single person or a minority to have the authority to uphold a particular meaning but it is up to the Citizens via a referendum, so that the plebiscite opinion be the one overruling all others as Democracy demands particularly when what is at stake is the future of the People or the Nation and its related sovereignty. Responsibility and liability accruing from it should be exercised on the principle of Proportionality and Equality for all (i.e., commensurate to the level or responsibility and the onus that this brings upon the holder).
We also have in mind article 120 (and specially pars 2,3,4) of the Constitution which place the responsibility for upholding and supporting such Constitution onto the Citizens themselves, who are obliged to be vigil and defend if when it is threatened, as a fundamental statutory Right and Obligation of all Greeks. Especially in combination with article 1, one can find all the essentials of the stance we should have as Citizens of this Country.
The ten steps that I had presented as an initial alternative plan to face the crisis, are supported by the fundamental principles of the Constitution.
The Constitution guarantees and secures to every Citizen of Greece particular Rights and demands particular obligations which cannot but be within the framework of Equality and Proportionality and Freedom that the Constitution itself has already stipulated.
In particular, and briefly due to space limitations, the articles that I have used as a legal backup to the Steps are truly simple but also terribly important. The Constitution stipulates that all Greeks are Equal before the Law (article 4, par. 1 and 2) and that no subtotal of the above can enjoy any different preferential treatment (article 4, par. 7). For reasons of brevity, I will refer myself only to the vital articles, but if we just read the Constitution through, having the state of mind I already described, we shall discern a multitude of related articles that support the Steps but also every other similar effort to this effect (i.e., article 5 and 5A, article 7, par. 2 and 3, etc). What you will never find support for in the Constitution is the securing of superpowers to any individual or subset of Citizens in opposition to the State. There are limits set for preferential treatments as well.
This means that beyond any legal issue from which (catachrestically) the elected public officers are protected from, they, too, are equal according to the Constitution to the rest of the Citizens before the Law, which means that the 1rst Step, that demands the correct enforcement of audit of property holdings is totally covered: With regard to their taxation, the principle of Equality and Proportionality will force them to subject themselves to at least similar taxable income depending on their scale (that, is, for big incomes) and on the huge immovable property (that many of them have under their name) that have been passed for the rest of the Citizens.
On the issue of the Church, the Constitution is absolutely clear that its Head is only Jesus Christ, and stipulates that to that effect the original scriptures in the Holy Bible are kept as originally intended which means that the Church is self-restrained by the Ten Commandments and Christ’s teachings as far as its worldly affairs are at least concerned: The Church should not demand preferential treatment in relation to its Flock, it should be there to lighten rather than burden society in which it exists, and in times of need, it should be the first to spread out the protective net instead of undermining the State and its Citizens as if it were just another multinational / NGO.
The Apostles themselves have shown what it means to serve the Church of Christ and this means that the 2nd Step is also covered by the same Constitutional Law (article 3, par 1 and 3).
Since the same law should apply on the Church exactly as it is applied on the Citizens, and since the Church is committed through the Scriptures to serve and not be master of the flock, the change in its property holdings does not run against the stipulations in the Constitution. The fact that at least during phase one, no status quo of clerics nor of worship is going to be affected whatsoever, is further proof that as far as the Citizens/Clerics, the Constitution secures their protection (as well as their private property) as well as of the others.
At this point I must stress that the church of Greece represents all Orthodox Greeks and therefore its property cannot be privately owned or be beyond criticism and taxation on the pretext of charity that it only knows and according to its will. The church is administrator of the property of the Orthodox Greeks (and that is why it enjoys legal use and possession of such property) but it is not its owner nor its master. It is obliged to be accountable to the faithful in the same way that the State is obliged to be accountable to its Citizens. This is a principle supported by the Scriptures (that are enforced by the Constitution) and we can analyze it in another article. Be reminded that the first Church under the Apostles as described in the Deeds was based on common ownership and its express purpose was the protection of every faithful from every socially-related difficulty he/she was met with, without prejudice, secrecy / questionable dealings / inequality between the faithful and the Apostles.
With respect to the rest of the Steps, from the civil servants up to the banks and the NGOs, various large-scale industrialists / capitalists, the Constitution covers every such action, both in terms of Equality and Proportionality as well as in terms of usefulness of the posts occupied by every civil servant: If the post is made redundant then there is no issue of tenure, but their own code and oath presupposes that bad behavior, illegal use of power, illicit income/ disloyalty and disregard for their oath, are legal reasons for termination of service in addition to other legal proceedings).
A multitude of people who have eaten into public property are under this status quo and are not protected by parliamentary immunity. This does not concern just the oath breaker from the inland revenue service, or city plan officer or policeman, etc., but also the respective managers, general secretaries and other officers of governing bodies, or other top administrators who are directly culpable for black money, frauds, destruction of Public Welfare Organizations, the property of Security Funds, every embezzling and wrong-doing/bankruptcy of public companies such as Olympic Airways, etc.
These are very summarily stated proofs for the constitutionality of the 10 Steps.
On the other hand of course, we can ( and we are obliged to) analyze the unconstitutional nature of government measures and they way they undo the Constitution and trod upon Human Rights, accruing absolutely no profit for the People, the Nation and the Country. Something that the Constitution itself forces us to face and put a stop to rather than tolerate.
For us to be able to do this, we should come to grips with the idea that the fact that we were tricked into voting party A or party B does not make us equally guilty in the fraud against us, just victims. For this reason we should separate our position in deed so as to avoid becoming equally culpable at the end.
What remains to be said is who shall apply such kind of remedial polity or at last enforce the Constitution of Greece and how. Many times we say that the Law may provide cover but every which corrupt officer is not going to apply it. This I will discuss in my next article.
Thursday, April 29, 2010
Wednesday, March 31, 2010
AN ALTERNATIVE PLAN IN TEN SIMPLE STEPS
In my job (I am a specialist educational psychologist) I generally meet intelligent people who tell me stories worth listening to that testify to the breadth of their abilities and to the extent their development can reach, but who, nonetheless, all feel they are at an impasse and getting into ominous situations which they attribute (and rightly so) to their mistakes of the past and which situations, they therefore feel they have to endure, although they are not directly responsible for them. What I show them is that they neither have to endure the situation nor self-punish themselves, and that they are totally capable of driving themselves out of the ominous impasse they have found themselves in and of directing themselves to complete control and freedom of choice, to the direction they truly would like to take and not the one they have been pushed into for whatever reason.
Psychology and sociology tell us that just as a person reacts on average (including the effect of manipulation), a given set of people may react as well, i.e., a People. As a People, we all now find ourselves tolerating a situation that every single one tells us we must tolerate and endure first because it is our fault that we came to this point, and second because there is no alternative plan, no other solution, no other way for the Greek State to escape the horrid economic condition it has found itself into.
As a specialist then, trained to dissolve impasses, I officially state, and I am ready to substantiate with evidence, that of course there is a solution and a real plan for exiting the period of crisis, much shorter in duration and much more effective that will lead Greece as a State to economic health (unless we wish to engage in a parallel discussion that substantiates that the plan currently under application has no hope of efficiently solving the problem but is there to fill the unfathomably deep packets of world large-scale capitalists). Due to space restrictions, the only thing I will discuss at present will the set of steps that need to be taken:
Step 1: Immediate auditing of the class of politicians, so that on the basis of their true sources of income be forced to return every little thing that they took for themselves taking advantage of their position of power (the first sweep will include all politicians presently active).
Step 2: Immediate possession of all ecclesiastical property holdings, turning every Church and monastery where clerics reside into public property that operates on the basis of owner (State)-lessee (cleric). At first, and to avoid a state of despair amongst members of clerics’ families, the basic salary of civil servant will apply devoid of any benefit or extra allowance under the understanding that within a stated time limit such entities will have found alternative sources of support whereby their financial dependence on the State will cease.
Step 3: Immediate service of the state deficit with the funds (NOT the immovable property) gained from Step 2. From then on we demand from our European partners to stop bothering us with any such demands until such time the next instalment needs to be deposited.
Step 4: retrospective analysis of the use and utility of every worker in the public sector (for every officer including the elected ones) under the obligation of every such worker to justify his/her salary before the People, proving that he/she offers the State in the form of services, a commensurate amount of what he/she receives as remuneration for such services, without trespassing on anyone’s Human or Constitutional Rights. Every one unable to prove that will be made redundant. We also estimate the revenue from the direct exploitation of the immovable property formerly owned by the Church and the politicians, and designate it as the prime asset set there to serve the state deficit and not direct taxation of the People. In the case of off-shore companies or property held in foreign soil, we shall have to study how they will be expropriated and profitably exploited so that the State can be funded.
Step 5. Guaranteeing an average state of living (that is, over and above the poverty line, at first) so that every Greek citizen will retain all needed to live with dignity (accommodation, work, decent income, security, insurance/pension fund availability) setting an absolute minimum of at least € 2,000, net income and lifting of the heavy taxation, mainly through the repealing all indirect taxation that are unconstitutional because they do not abide by the principle of proportionality. Work will be guaranteed by the manpower needs as a result of Steps 1 and 2, and for the independent entrepreneurs as well since such measure will strengthen private business.
Step 6. Guaranteeing maximum and minimum prices for clothing, food, housing, State Welfare Organizations to protect related private businesses/local producers of speculators so that they would not be hurt by such measures. Resetting the market for the comeback of primary and secondary production, allowing farmers/ animal farmers and small plant proprietors to work independently without set production quotas and with a priority of servicing the local markets first, to avoid increased imports.
Step 7. All Banks on Greek soil receive the heaviest possible taxation for Citizens, if of course they prove they have not trodden upon Human Rights, the Constitution and other Laws. In case they have committed criminal acts against the People or the State, all profits accrued during the years that such illegal or criminal activity took place are confiscated by the State and the Bank itself is forced to pay damages to every Citizen or business against whom or which such bank profiteered. If the bank lacks cash flow, all its holdings the world over are seized and its top officers are questioned.
Step 8: for a set amount of time, the Athens Stock Exchange closes down, and all actions of every multinational in Greece cease, particularly those embroiled in financial scandals and a legal suit is activated against them (such as Goldman Sachs, Siemens, etc). Charity organizations of all kinds (such as the Papandreou Organization, the Simitis Organization, the Karamanlis Organization, the Mitsotakis Organization, the Goulandris Organization, etc) are no longer funded by the State and are treated as businesses (that is, they are invited to show services rendered and revenue/profits gained from legal activities), and also to show services that they have offered the State and the People, and which services are over and above those stipulated in the Constitution. This applies to all NGOs without exception.
Step 9: Businessmen of the type of Lanaras are called to Justice and after they are forced to pay damages to all parties hurt by their activities, their businesses are confiscated by the State and they are put to prison. Sports enterprises funded by the State by exploited by private citizens (football teams, athletic clubs, etc) either retroactively stopping any further state funding and turning them into private profitable businesses as far as the State is concerned, or become State organizations and all club followers who wish to support them and develop them are also incorporated.
Step 10: to proceed legally further we need to reconsider a number of articles in the Constitution, such as protective provisions for legal liability for ministers and elected officers of the State, which are criminally protective for the hereditary professional politicians. We need to come to a decision for the amendment of our Constitution which will guarantee total control and power to the People who will be upgraded as the supreme power as the Constitution stipulates. When this happens, every one will be able to see that we will no longer have to suffer the conditions we are suffering now.
Of course, the basic objection or reaction to the above plan I present is “who will be able to do all these/enforce all these in an already corrupt government/system?”
The answer is a simple one and not quite so hard is we really decide that we no longer wish to use out flesh and blood, and also the future of our country and of our children to masochistically and perversely feed all those whom we know are guilty of the present state of things: The People, devoid of any unionist or party control will enforce such a thing, if only the People decide to set foot in the Parliament and demand they be given back whatever was stolen or usurped from them.
These measures are hard, but for those who have been responsible for the problem, not for those who are the reason for the existence of a State, and who were never given a choice, and who now are called to create such choice by themselves in order to survive, and they do that without liquidating any already gained right of the People or sacrifices of our forefathers.
Psychology and sociology tell us that just as a person reacts on average (including the effect of manipulation), a given set of people may react as well, i.e., a People. As a People, we all now find ourselves tolerating a situation that every single one tells us we must tolerate and endure first because it is our fault that we came to this point, and second because there is no alternative plan, no other solution, no other way for the Greek State to escape the horrid economic condition it has found itself into.
As a specialist then, trained to dissolve impasses, I officially state, and I am ready to substantiate with evidence, that of course there is a solution and a real plan for exiting the period of crisis, much shorter in duration and much more effective that will lead Greece as a State to economic health (unless we wish to engage in a parallel discussion that substantiates that the plan currently under application has no hope of efficiently solving the problem but is there to fill the unfathomably deep packets of world large-scale capitalists). Due to space restrictions, the only thing I will discuss at present will the set of steps that need to be taken:
Step 1: Immediate auditing of the class of politicians, so that on the basis of their true sources of income be forced to return every little thing that they took for themselves taking advantage of their position of power (the first sweep will include all politicians presently active).
Step 2: Immediate possession of all ecclesiastical property holdings, turning every Church and monastery where clerics reside into public property that operates on the basis of owner (State)-lessee (cleric). At first, and to avoid a state of despair amongst members of clerics’ families, the basic salary of civil servant will apply devoid of any benefit or extra allowance under the understanding that within a stated time limit such entities will have found alternative sources of support whereby their financial dependence on the State will cease.
Step 3: Immediate service of the state deficit with the funds (NOT the immovable property) gained from Step 2. From then on we demand from our European partners to stop bothering us with any such demands until such time the next instalment needs to be deposited.
Step 4: retrospective analysis of the use and utility of every worker in the public sector (for every officer including the elected ones) under the obligation of every such worker to justify his/her salary before the People, proving that he/she offers the State in the form of services, a commensurate amount of what he/she receives as remuneration for such services, without trespassing on anyone’s Human or Constitutional Rights. Every one unable to prove that will be made redundant. We also estimate the revenue from the direct exploitation of the immovable property formerly owned by the Church and the politicians, and designate it as the prime asset set there to serve the state deficit and not direct taxation of the People. In the case of off-shore companies or property held in foreign soil, we shall have to study how they will be expropriated and profitably exploited so that the State can be funded.
Step 5. Guaranteeing an average state of living (that is, over and above the poverty line, at first) so that every Greek citizen will retain all needed to live with dignity (accommodation, work, decent income, security, insurance/pension fund availability) setting an absolute minimum of at least € 2,000, net income and lifting of the heavy taxation, mainly through the repealing all indirect taxation that are unconstitutional because they do not abide by the principle of proportionality. Work will be guaranteed by the manpower needs as a result of Steps 1 and 2, and for the independent entrepreneurs as well since such measure will strengthen private business.
Step 6. Guaranteeing maximum and minimum prices for clothing, food, housing, State Welfare Organizations to protect related private businesses/local producers of speculators so that they would not be hurt by such measures. Resetting the market for the comeback of primary and secondary production, allowing farmers/ animal farmers and small plant proprietors to work independently without set production quotas and with a priority of servicing the local markets first, to avoid increased imports.
Step 7. All Banks on Greek soil receive the heaviest possible taxation for Citizens, if of course they prove they have not trodden upon Human Rights, the Constitution and other Laws. In case they have committed criminal acts against the People or the State, all profits accrued during the years that such illegal or criminal activity took place are confiscated by the State and the Bank itself is forced to pay damages to every Citizen or business against whom or which such bank profiteered. If the bank lacks cash flow, all its holdings the world over are seized and its top officers are questioned.
Step 8: for a set amount of time, the Athens Stock Exchange closes down, and all actions of every multinational in Greece cease, particularly those embroiled in financial scandals and a legal suit is activated against them (such as Goldman Sachs, Siemens, etc). Charity organizations of all kinds (such as the Papandreou Organization, the Simitis Organization, the Karamanlis Organization, the Mitsotakis Organization, the Goulandris Organization, etc) are no longer funded by the State and are treated as businesses (that is, they are invited to show services rendered and revenue/profits gained from legal activities), and also to show services that they have offered the State and the People, and which services are over and above those stipulated in the Constitution. This applies to all NGOs without exception.
Step 9: Businessmen of the type of Lanaras are called to Justice and after they are forced to pay damages to all parties hurt by their activities, their businesses are confiscated by the State and they are put to prison. Sports enterprises funded by the State by exploited by private citizens (football teams, athletic clubs, etc) either retroactively stopping any further state funding and turning them into private profitable businesses as far as the State is concerned, or become State organizations and all club followers who wish to support them and develop them are also incorporated.
Step 10: to proceed legally further we need to reconsider a number of articles in the Constitution, such as protective provisions for legal liability for ministers and elected officers of the State, which are criminally protective for the hereditary professional politicians. We need to come to a decision for the amendment of our Constitution which will guarantee total control and power to the People who will be upgraded as the supreme power as the Constitution stipulates. When this happens, every one will be able to see that we will no longer have to suffer the conditions we are suffering now.
Of course, the basic objection or reaction to the above plan I present is “who will be able to do all these/enforce all these in an already corrupt government/system?”
The answer is a simple one and not quite so hard is we really decide that we no longer wish to use out flesh and blood, and also the future of our country and of our children to masochistically and perversely feed all those whom we know are guilty of the present state of things: The People, devoid of any unionist or party control will enforce such a thing, if only the People decide to set foot in the Parliament and demand they be given back whatever was stolen or usurped from them.
These measures are hard, but for those who have been responsible for the problem, not for those who are the reason for the existence of a State, and who were never given a choice, and who now are called to create such choice by themselves in order to survive, and they do that without liquidating any already gained right of the People or sacrifices of our forefathers.
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