Europe
Le 13-04-2019 par B. Chalumeau - 
No one can perceive the reality and the extreme danger for our future, for our country and for the peace of the Aachen Treaty, without having carefully read and understood the following :
This study is based on indisputable facts from national and international official documents whose links are provided here for anyone to refer to.
The Aachen Treaty, signed by Emmanuel Macron and Angela Merkel on January 22, 2019, goes much further than we are told: it is an event of considerable significance for all of us, a radical transformation of our country at the same time as a coming of a terrible danger.
But this Treaty of which we are so little told what is its genesis?
Is it legal?
This is what we will study here from official documents to restore and to understand the puzzle.
1) Basic initial information:
A little before his death, I had the honor of being invited by General Pierre-Marie Gallois for an interview at his home not far from Parc Monceau. It is this high-ranking officer who defines the strategy for the use of the French nuclear force, known as the "deterrent force", with General de Gaulle.
On this occasion, he informed me that Jacques Chirac, then President of the Republic, "would have signed with German Chancellor Helmut Kohl in Nuremberg an agreement communitarizing the French nuclear force with Gernany. Terrified by this provision, in his great wisdom he then said to me:
2) Genesis and legality of the treaty:
The revelation of General Gallois seemed to me so extraordinary that I did not believe it to be founded, and in time I no longer worry about it. But at the end of 2017, I was alarmed by a TV show where an expert, close of the government, developing a strategy of use of our nuclear weapons that seemed to me more "offensive" than “deterrent” as advocated in the past by General de Gaulle and by General Gallois.
2.1) Proposed resolution No. 542 of the National Assembly for a "New Treaty of the Elysée" adopted on January 22, 2018:
In early 2018, the media reveal that a new treaty of the Elysée could be signed between France and Germany on an anniversary date of the Elysée Treaty signed by Charles de Gaulle and Konrad Adenauer on January 22, 1963.
In fact, in early January 2018, the National Assembly had to decide on the "resolution N ° 542” whose drew my particular attention because its explanatory statement establishes a "new Elysée treaty" while he is mentioned in the visas that "the treaty of the Elysée of 1963 remains into force".
Strange wording since the 1963 treaty was annihilated by a preamble called "preamble of Bonn" voted by the Bundestag on June 15, 1963, which emptied it of its substance in particular by its paragraph 2 stipulated that:
Provisions that provoked, as expected, a legitimate anger of General de Gaulle since the object of his treaty was precisely to move Germany away from the grip of NATO and the US.
2.2) The decree N ° 89-119 Mitterrand-Rocard of May 17, 1989 creating in particular a Franco-German Council of defense and security:
In this agreement the pooling of the military means of each of the two States is mentioned several times:
2.4) The draft of Franco-German Parliamentary Agreement of 6 November 2018 establishing a Franco-German Assembly:
The President of the National Assembly, Mr. Richard Ferrand and the President of the Bundestag Mr. Volfgang Schäuble, signed on 6 November 2018 a draft Franco-German parliamentary agreement, establishing by Article 1, a Franco-German parliamentary assembly of 100 members :
50 deputies from the Assembly and 50 from the Bundestag.
This project, written in French and German, surprisingly, presents on its front page the German eagle beside the logo of the National Assembly …
The main innovations it contains are as follows:
Yes, you read correctly ! It is in Chapter III, written in full: "Promote the adoption of provisions allowing derogations from national law!
It is thus finished the fundamental principle of "government of the people, by the people and for the people" (under French meaning) as written in Article 2 of the Constitution of the Fifth Republic which is thus removed from a stroke of the pen, so, it must be admitted, that the Republic itself is annihilated!
But is not the President of the Republic, by Article 5 of our constitution, bound to respect it and not annihilate it?
What constitution respects this president, since its article 89 stipulates that "the republican form of the Government can not be the object of a revision".
Curiously, no parliamentarian has cried foul nor have we seen the Constitutional Council move, which should have asked the question whether it would be advisable to consult the sovereign people over such a regime upheaval …
The principle of this Franco-German Assembly was voted by the National Assembly on March 11, 2019, by adoption of resolution No. 72, curiously six weeks after the signing of the Treaty of Aix la Chapelle ….
2.5) The Aachen Treaty of 22 January 2019 entitled "Treaty between the French Republic and the Federal Republic of Germany on Franco-German cooperation and integration":
Warning: the "S" at the end of the word "franco-allemandeS" (en français dans le texte), is not innocent! It means that the two states integrate, blend into each other. Endowed, as we saw above and as we will see in the Aachen Treaty :
2.5.1) This treaty contains particularly worrying provisions that should be addressed in the military field first of all:
2.5.1.1) By Article 27:
By attaching itself to the initial Elysée Treaty of 1963, yet rendered obsolete by the Bonn preamble of 15 June 1963, it incorporates each of the previous protocols and agreements of which they are an integral part, including the communitarization of the French nuclear force.
2.5.1.2) By Article 4.1:
it reaffirms the communitarisation of the use of the French nuclear force.
2.5.1.3) By Article 4.2:
"The two states pledge to further strengthen cooperation between their armed forces with a view to ensuring a common culture and joint deployments".
it reaffirms and reinforces the joint use of the French nuclear force, during joint maneuvers and the joint deployment of their armed forces.
2.5.1.4) By Article 3:
"The two states deepen their cooperation on foreign policy, defense, external and internal security …"
it reaffirms and reinforces the joint use of the French nuclear force, during joint maneuvers and the joint deployment of the armed forces of the two States, while allowing the security forces of one to come and restore order in the region. other State. Disposition that flouts the sovereignty of each of them.
Despite the Minsk agreements, the military situation of the belligerents is far from being stabilized locally and attempts at territorial changes may be made with potentially violent reactions from Russia.
2.5.2) In the institutional field then:
It ratifies the draft Franco-German Parliamentary Agreement of 6 November 2018 establishing a Franco-German Parliamentary Assembly of 100 members (50 members from the National Assembly and 50 members from the Bundestag) with regular joint meetings of the Assembly and the Bundestag.
The Assembly must also include, for the members of the National Assembly, a balanced representation of the committees and, for the members of the German Bundestag, a balanced representation of the commissions and the different political domains "(Chapter 1, point 2 of the agreement.).
Whatever the relations that one maintains and that one wishes to maintain, it remains that it is particularly strange to see a French head of state to engage in such an approach …
But it is true that this man has banned the military parade that should have taken place in Paris for the commemoration of the centenary our victory of November 11, 1918, as it should be, in memory of our ancestors who died during the Great War . The children, the little children of their ancestors, wounded, gassed, fallen in the field of honor at the Chemin des Dames, Fleury Devant Douaumont, Verdun or elsewhere, will keep in the depths of their hearts, for ever, the indelible trace of this outrage unworthy of a head of state.
It provides the common entity thus constituted with powers to promulgate in these Eurodistricts laws different from those of France and / or Germany.
For example between Alsace and the country of Baden, the national border will be no more than a simple administrative delimitation through the Eurodistrict, that is to say a department of this Franco-German entity thus constituted, where the French sovereignty is no longer exercised.
In doing so, Germany "encroaches" on the territory of France and reciprocally by erasing the national border and vice versa..
WARNING !
- between France and Switzerland,
- between France and Belgium,
- between France and Luxembourg,
- between Germany and the Czech Republic,
- between Germany and Italy,
- between Germany and Holland,
- between Germany and Austria.
it thus creates a kind of special economic zone, which can undermine the economic and social cohesion of the Union, constituting obstacles and discriminations vis-à-vis other Member States, violating Article 326 of the Treaty on the Functioning of the European Union which states:
It does not appear that the French Republic and the Chancellor of the Federal Republic of Germany followed these prescriptions.
Therefore Articles 43 to 46 TEU and 326 to 334 TFEU are also violated by the content of the Aachen Treaty and by the strange procedure adopted for its implementation.
2.5.2.4) By Article 23:
A Franco-German Council of Ministers is created.
2.5.2.5) By Article 24:
"A member of the government of one of the two States takes part, at least once a quarter, alternately, in the Council of Ministers of the other State".
However, under Article 25 of the Treaty and Article 6 of the Franco-German Parliamentary Agreement, there is nothing to prevent him from having a Constituent Assembly to give himself a name, a hymn and a flag.
2.5.2.7) By Article 26:
"Representatives of the regions and Länder, as well as the Committee for Cross-border Cooperation, may be invited to participate in the Franco-German Council of Ministers".
The validity of the similarity of the competences of the regions and Länder is recognized, which means that no other legal document is necessary to establish this new subject of public law.
This article strengthens the powers granted by Article 25, while conferring on this Assembly of Regions and Länder the powers of a Senate of this new object of public law. The Bundesrat representing the Länder, by its 2009 amendment, can be regarded as likely to promote the smooth running of this Franco-German "senatorial" assembly.
3) In the field of international law:
This point is undoubtedly the most important point of this Treaty of Aix la Chapelle.
Indeed, by the various provisions mentioned above in particular in points 2.2, 2.3, 2.5, 2.5.1.1, 2.5.1.2, 2.5.1.3, and 2.5.1.4:
4) Important notes:
4.1) Ratification of the treaty by France:
"The two Governments may make such adjustments as may be desirable for the application of this Treaty. "
4.2) Drafting of the Aachen Treaty :
The drafting of the Aachen Treaty worries by a certain amateurism that emerges:
For information, even though France has not ratified the Vienna Convention, Germany has ratified it and the countries subject of Eurodistricts such as Spain, Poland, Switzerland, Belgium, Luxembourg Italy, Austria, Holland, the Czech Republic and Denmark have also ratified it.
5) Conclusion. :
The violations of French national law, and undoubtedly even German law, are numerous because of the Aachen Treaty. The same applies to violations of international law.
The following are the main ones:
5.1) Violations of French national law:
These violations are likely to be of the same order as far as German law is concerned.
5.2) Violation of the international law:
5.2.1) Violation of European Union rules:
5.2.2) Violations of international law:
Never, doubtless, in the history of the Republic, and even, no doubt, in the history of France, will there have been signed a treaty struck with so much illegality and causing our country, our property and that to the lives of each and every one of us a danger so great.
That is why this fatal treaty must be abolished as soon as possible.
In a very next article will be exposed the legal means available to achieve this.
The wise advice received from General Gallois, just among the righteous, must be applied in order to avoid great misfortunes.
Bernard CHALUMEAU
Le 13-04-2019 par B. Chalumeau - About the illegality of the Aachen Treaty
No one can perceive the reality and the extreme danger for our future, for our country and for the peace of the Aachen Treaty, without having carefully read and understood the following :
WARNING
This study is based on indisputable facts from national and international official documents whose links are provided here for anyone to refer to.
The Aachen Treaty, signed by Emmanuel Macron and Angela Merkel on January 22, 2019, goes much further than we are told: it is an event of considerable significance for all of us, a radical transformation of our country at the same time as a coming of a terrible danger.
But this Treaty of which we are so little told what is its genesis?
Is it legal?
This is what we will study here from official documents to restore and to understand the puzzle.
1) Basic initial information:
A little before his death, I had the honor of being invited by General Pierre-Marie Gallois for an interview at his home not far from Parc Monceau. It is this high-ranking officer who defines the strategy for the use of the French nuclear force, known as the "deterrent force", with General de Gaulle.
On this occasion, he informed me that Jacques Chirac, then President of the Republic, "would have signed with German Chancellor Helmut Kohl in Nuremberg an agreement communitarizing the French nuclear force with Gernany. Terrified by this provision, in his great wisdom he then said to me:
"This provision is of paramount importance for the future of our country and its inhabitants, because communitarization of the atomic weapon makes its use possible, each rejecting the responsibility of triggering on the other! This crazy disposition must never come into force, do you understand me well? Never ! "
2) Genesis and legality of the treaty:
The revelation of General Gallois seemed to me so extraordinary that I did not believe it to be founded, and in time I no longer worry about it. But at the end of 2017, I was alarmed by a TV show where an expert, close of the government, developing a strategy of use of our nuclear weapons that seemed to me more "offensive" than “deterrent” as advocated in the past by General de Gaulle and by General Gallois.
2.1) Proposed resolution No. 542 of the National Assembly for a "New Treaty of the Elysée" adopted on January 22, 2018:
In early 2018, the media reveal that a new treaty of the Elysée could be signed between France and Germany on an anniversary date of the Elysée Treaty signed by Charles de Gaulle and Konrad Adenauer on January 22, 1963.
In fact, in early January 2018, the National Assembly had to decide on the "resolution N ° 542” whose drew my particular attention because its explanatory statement establishes a "new Elysée treaty" while he is mentioned in the visas that "the treaty of the Elysée of 1963 remains into force".
Strange wording since the 1963 treaty was annihilated by a preamble called "preamble of Bonn" voted by the Bundestag on June 15, 1963, which emptied it of its substance in particular by its paragraph 2 stipulated that:
"The rights and obligations arising for the Federal Republic of Multilateral Treaties to which it is a party (the NATO treaties), will not be modified by the Elysée Treaty"
Followed by a list of derogations among which Germany reaffirmed its attachment to the USA.
Provisions that provoked, as expected, a legitimate anger of General de Gaulle since the object of his treaty was precisely to move Germany away from the grip of NATO and the US.
- The above said resolution calls for a deepening of cross border co-operation, the conferral of special powers on “Eurodistricts” and especially co-ordination and close co-operation in defense matters.
- The reading of the points of the draft "New Treaty of the Elysee" described in this resolution makes me uncomfortable because on one hand it is supposed to continue the the Elysee Treaty of 1963, and in the other hand, it is made obsolete by the preamble of Bonn of June 15, 1963 advocating the very opposite of the Treaty de Gaulle and Adenauer …
2.2) The decree N ° 89-119 Mitterrand-Rocard of May 17, 1989 creating in particular a Franco-German Council of defense and security:
This official document is one of the main pieces of the puzzle leading to the Aachen Treaty, not only because it creates a "Franco-German Defense and Security Council" in which our Head of State participates by right. Major des Armées (CEMA), but also because it stipulates that:
"The deterrence and defense strategy on which the security of France and Germany is based must continue to be based on an appropriate combination oftheir nuclear and conventional forces".
Curiously its Annex 6 validates this protocol as constituting an integral part to the Elysée Treaty of January 22, 1963, however obsolete …
2.3) The Chirac-Kohl Nuremberg Agreement of 9 December 1996 "Franco-German Common Concept on Security and Defense":In this agreement the pooling of the military means of each of the two States is mentioned several times:
- In the preamble it is specified:
- In Article 1.2: Common objectives it is specified:
- In Article III.1: For a common understanding of the role of our armed forces:
- In Article III.2: For greater complementarity between our forces years:
- In Article IV.2: Guidelines for military cooperation:
- And in Article II.2: A common framework:
What General Gallois had told me in his time was therefore very true!
The President of the National Assembly, Mr. Richard Ferrand and the President of the Bundestag Mr. Volfgang Schäuble, signed on 6 November 2018 a draft Franco-German parliamentary agreement, establishing by Article 1, a Franco-German parliamentary assembly of 100 members :
50 deputies from the Assembly and 50 from the Bundestag.
This project, written in French and German, surprisingly, presents on its front page the German eagle beside the logo of the National Assembly …
The main innovations it contains are as follows:
- The 100-member Common Assembly is given legislative powers:
- There is created a Joint Assembly bringing together the National Assembly and the Bundestag:
- In the event of legal obstacles appearing in the development of cross-border co-operation:
"The Joint Assembly, National Assembly + Bundestag, promote the adoption of provisions allowing derogations from national law". (Chapter III Article 14).
Yes, you read correctly ! It is in Chapter III, written in full: "Promote the adoption of provisions allowing derogations from national law!
It can be seen here that henceforth the source of French law (as the source of German law, for that matter) is no longer situated solely in the French people, but half in the German people represented by its 50 deputies.
It is thus finished the fundamental principle of "government of the people, by the people and for the people" (under French meaning) as written in Article 2 of the Constitution of the Fifth Republic which is thus removed from a stroke of the pen, so, it must be admitted, that the Republic itself is annihilated!
But is not the President of the Republic, by Article 5 of our constitution, bound to respect it and not annihilate it?
What constitution respects this president, since its article 89 stipulates that "the republican form of the Government can not be the object of a revision".
Curiously, no parliamentarian has cried foul nor have we seen the Constitutional Council move, which should have asked the question whether it would be advisable to consult the sovereign people over such a regime upheaval …
The principle of this Franco-German Assembly was voted by the National Assembly on March 11, 2019, by adoption of resolution No. 72, curiously six weeks after the signing of the Treaty of Aix la Chapelle ….
2.5) The Aachen Treaty of 22 January 2019 entitled "Treaty between the French Republic and the Federal Republic of Germany on Franco-German cooperation and integration":
Warning: the "S" at the end of the word "franco-allemandeS" (en français dans le texte), is not innocent! It means that the two states integrate, blend into each other. Endowed, as we saw above and as we will see in the Aachen Treaty :
2.5.1) This treaty contains particularly worrying provisions that should be addressed in the military field first of all:
2.5.1.1) By Article 27:
By attaching itself to the initial Elysée Treaty of 1963, yet rendered obsolete by the Bonn preamble of 15 June 1963, it incorporates each of the previous protocols and agreements of which they are an integral part, including the communitarization of the French nuclear force.
2.5.1.2) By Article 4.1:
"The two States lend themselves to assistance and assistance by all the means at their disposal, including armed force, in case of aggression against their territories".
it reaffirms the communitarisation of the use of the French nuclear force.
2.5.1.3) By Article 4.2:
"The two states pledge to further strengthen cooperation between their armed forces with a view to ensuring a common culture and joint deployments".
it reaffirms and reinforces the joint use of the French nuclear force, during joint maneuvers and the joint deployment of their armed forces.
2.5.1.4) By Article 3:
"The two states deepen their cooperation on foreign policy, defense, external and internal security …"
it reaffirms and reinforces the joint use of the French nuclear force, during joint maneuvers and the joint deployment of the armed forces of the two States, while allowing the security forces of one to come and restore order in the region. other State. Disposition that flouts the sovereignty of each of them.
2.5.1.5) By the Franco-German declarations of Meseberg of 19 June 2018:
"The two states pledge to facilitate the Minsk agreements to stabilize the situation in eastern Ukraine and preserve the territorial integrity of Ukraine".
Despite the Minsk agreements, the military situation of the belligerents is far from being stabilized locally and attempts at territorial changes may be made with potentially violent reactions from Russia.
Let's hope that this Franco-German commitment of Meseberg is not at the origin of a conflict with Russia using unconventional weapons …
2.5.2) In the institutional field then:
It ratifies the draft Franco-German Parliamentary Agreement of 6 November 2018 establishing a Franco-German Parliamentary Assembly of 100 members (50 members from the National Assembly and 50 members from the Bundestag) with regular joint meetings of the Assembly and the Bundestag.
According to the agreement,
"These members are designated (?) by the National Assembly and the Bundestag at the beginning of their legislature according to their respective rules. The composition of this Assembly should ensure representation taking into account the effectiveness of the political groups and, where appropriate, the majorities of the National Assembly and the German Bundestag.
The Assembly must also include, for the members of the National Assembly, a balanced representation of the committees and, for the members of the German Bundestag, a balanced representation of the commissions and the different political domains "(Chapter 1, point 2 of the agreement.).
2.5.2.1) By Article 8 :
"The two states pledge to continue their efforts to complete the intergovernmental negotiations on the reform of the United Nations Security Council. The admission of the Federal Republic of Germany as a permanent member of the United Nations Security Council is a priority of Franco-German diplomacy ".
Although the French government denies this, it is clear that it is the government itself, as a permanent member of the UN Security Council, which will have to work to amend the UN statutes so that the Germany, defeated in the last two wars, reaches the envied status of permanent member of the Security Council held by its winners …
Whatever the relations that one maintains and that one wishes to maintain, it remains that it is particularly strange to see a French head of state to engage in such an approach …
But it is true that this man has banned the military parade that should have taken place in Paris for the commemoration of the centenary our victory of November 11, 1918, as it should be, in memory of our ancestors who died during the Great War . The children, the little children of their ancestors, wounded, gassed, fallen in the field of honor at the Chemin des Dames, Fleury Devant Douaumont, Verdun or elsewhere, will keep in the depths of their hearts, for ever, the indelible trace of this outrage unworthy of a head of state.
2.5.2.2) By Article 13-2:
"The two states endow local and regional authorities with cross-border territories and cross-border entities such as Eurodistricts with appropriate powers. In case of obstacles to the implementation of cross-border projects, it is up to the two states to adopt the appropriate legislation.”
It provides the common entity thus constituted with powers to promulgate in these Eurodistricts laws different from those of France and / or Germany.
Here we find the application of the objective of the Franco-German Parliamentary Assembly in Chapter III Article 14 "Deepening of Franco-German relations - development of cross-border co-operation":
"When it is not possible to overcome the legal obstacles to joint cross-border projects, the National Assembly and the Bundestag shall promote the adoption of derogations from the rules of national law".
In addition, the Charter of the Association of European Border Regions (AEBR) stipulates in its third subparagraph of Chapter III -1: "Objective of cross-border cooperation" states that:
"The objective of cooperation in border and cross-border regions to develop cooperation structures, procedures and instruments for the removal of barriers and factors of separation and, ultimately, the overcoming of the concept of border and reducing it to a mere administrative boundary. "
Yes ! You read correctly ! : the national border is reduced to a simple administrative border between French territory and German territory via the Eurodistrict and the cross-border Euroregions. !
For example between Alsace and the country of Baden, the national border will be no more than a simple administrative delimitation through the Eurodistrict, that is to say a department of this Franco-German entity thus constituted, where the French sovereignty is no longer exercised.
In doing so, Germany "encroaches" on the territory of France and reciprocally by erasing the national border and vice versa..
WARNING !
Eurodistricts and cross-border Euroregions do not exist only along the border between France and Germany, but also on the borders:
- between France and Spain,
- between Germany and Poland,- between France and Switzerland,
- between France and Belgium,
- between France and Luxembourg,
- between Germany and the Czech Republic,
- between Germany and Italy,
- between Germany and Holland,
- between Germany and Austria.
- between Germany and Denmark
of which Germany "nibbles" the national territories, step by step, by modifying the administrative and legal provisions as well as explicit in the Aachen Treaty.
2.5.2.3) By Article 20-1:
"The two states are deepening the integration of their economies in order to establish a Franco-German economic zone with common rules. The Economic and Financial Council promotes fiscal harmonization of their legislation, particularly in the field of business law, and regularly coordinates economic policies between the French Republic and the Federal Republic of Germany to promote convergence between the two states. and improve the competitiveness of their economies. "
it thus creates a kind of special economic zone, which can undermine the economic and social cohesion of the Union, constituting obstacles and discriminations vis-à-vis other Member States, violating Article 326 of the Treaty on the Functioning of the European Union which states:
Article 326 TFEU
"Enhanced cooperation complies with the Treaties and Union law. They can not undermine the internal market or economic, social and territorial cohesion. They may not constitute an obstacle or discrimination to trade between Member States or distort competition between them.”
In addition, the European Treaties require Member States wishing to put in place reinforced cooperation to make an official request to the Brussels Commission for Council approval after approval by the European Parliament, particularly when it comes to the field of the use of armed force (Common Foreign and Security Policy) and the construction and export of armaments.
It does not appear that the French Republic and the Chancellor of the Federal Republic of Germany followed these prescriptions.
Therefore Articles 43 to 46 TEU and 326 to 334 TFEU are also violated by the content of the Aachen Treaty and by the strange procedure adopted for its implementation.
2.5.2.4) By Article 23:
A Franco-German Council of Ministers is created.
2.5.2.5) By Article 24:
"A member of the government of one of the two States takes part, at least once a quarter, alternately, in the Council of Ministers of the other State".
2.5.2.6) By Article 25:
"The councils, structures and instruments of Franco-German cooperation shall be subject to periodic review and shall, if necessary, be adapted without delay to the objectives established by mutual agreement. The first of these examinations should take place within six months after the entry into force of this Treaty and propose the necessary adaptations.
it allows any modification of any kind to be made to the Treaty.”
The new administrative division of France into regions with extensive powers gives our country a federal type of status close to that of the German Länder. Similarity allowing the set up by the Treaty of Aix-la-Chapelle to exist as a subject of public international law of the federal state type as it currently stands, or even without the need to acquire a constitution.
However, under Article 25 of the Treaty and Article 6 of the Franco-German Parliamentary Agreement, there is nothing to prevent him from having a Constituent Assembly to give himself a name, a hymn and a flag.
2.5.2.7) By Article 26:
"Representatives of the regions and Länder, as well as the Committee for Cross-border Cooperation, may be invited to participate in the Franco-German Council of Ministers".
The validity of the similarity of the competences of the regions and Länder is recognized, which means that no other legal document is necessary to establish this new subject of public law.
This article strengthens the powers granted by Article 25, while conferring on this Assembly of Regions and Länder the powers of a Senate of this new object of public law. The Bundesrat representing the Länder, by its 2009 amendment, can be regarded as likely to promote the smooth running of this Franco-German "senatorial" assembly.
3) In the field of international law:
This point is undoubtedly the most important point of this Treaty of Aix la Chapelle.
Indeed, by the various provisions mentioned above in particular in points 2.2, 2.3, 2.5, 2.5.1.1, 2.5.1.2, 2.5.1.3, and 2.5.1.4:
- it violates the German Unification Treaty of 31 August 1990 which stipulates in Article 3:
Article 3:
"The Governments of the Federal Republic of Germany and the German Democratic Republic reaffirm their renunciation of the manufacture, possession andcontrol of nuclear, biological and chemical weapons. They declare that United Germany will also respect these commitments ".
- it violates the Moscow Treaty of 12 September 1990, which also stipulates in Article 3.1:
"The Governments of the Federal Republic of Germany and the German Democratic Republic reaffirm their renunciation of the manufacture, possession and control of nuclear, biological and chemical weapons. They declare that United Germany will also respect these commitments. "
- it can not enter into force without the agreement of the signatory countries of the Moscow Treaty which are the United States of America, Russia and England whose chiefs of state and government must be kept informed.
- by the agreements of Meseberg of June 19, 2018 that it incorporates, where France and Germany undertake to preserve the territorial integrity of Ukraine, make run to Europe and may be in the world a risk nuclear conflict since Russia has denounced the INF agreement on the destruction of short- and medium-range nuclear missiles.
4) Important notes:
4.1) Ratification of the treaty by France:
4.1.1) By the wording of Article 27:
"This Treaty supplements the Treaty of 22 January 1963 between the French Republic and the Federal Republic of Germany on Franco-German cooperation within the meaning of paragraph 4 of the Final Provisions of that Treaty which reads as follows:
"The two Governments may make such adjustments as may be desirable for the application of this Treaty. "
It can constitute a very deep irregularity to avoid any ratification of this Treaty as it was the case for the creation of the Franco-German Defense Council ratified by decree by clinging to the ratification by the law n ° 88-1240 of December 30, 1988 authorizing the ratification of the Protocols between the French Republic and the Federal Republic of Germany on Franco-German cooperation of 22 January 1963 (Elysée Treaty).
4.2) Drafting of the Aachen Treaty :
The drafting of the Aachen Treaty worries by a certain amateurism that emerges:
- its form would correspond more to an intergovernmental agreement rather than a treaty, although the word "treaty" appears in its title.
- nowhere is it indicated how long it applies.
- as for the illegitimate Treaty of Lisbon it does not contain a resolutory clause. We see the difficulties that arise from this failure to allow the United Kingdom to break with this treaty.
- no reservation of use is mentioned for one or other of the signatory parties.
- although binding the French Republic and the Federal Republic of Germany, the "territorial application of treaties" defined in Article 29 of the Vienna Convention, is very vague in the Treaty of Aix la Chapelle, because the application of the Treaty to "Eurodistricts" poorly defined in terms of number and territorial delimitation, in particular by the removal of national borders in simple administrative boundaries that it imposes. Moreover, it is nowhere stipulated that these "Eurodistricts" are limited to those straddling the Franco-German border.
For information, even though France has not ratified the Vienna Convention, Germany has ratified it and the countries subject of Eurodistricts such as Spain, Poland, Switzerland, Belgium, Luxembourg Italy, Austria, Holland, the Czech Republic and Denmark have also ratified it.
5) Conclusion. :
The violations of French national law, and undoubtedly even German law, are numerous because of the Aachen Treaty. The same applies to violations of international law.
The following are the main ones:
5.1) Violations of French national law:
- Violation of the constitutional republican principle of "People's Government, by the people and for the people" by opening the right to a mixed Franco-German Assembly to legislate on certain parts of the national territory, the source of French law thus no longer emanating totally of the sovereign people.
- Violation of the constitutional republican principle of "People's Government, by the people and for the people" by a Franco-German Council of Ministers and by periodic declaratory meetings of the National Assembly and the Bundestag with a view to "converging the rights in force in France and Germany "to another right than the initial rights, the source of French law thus no longer emanating completely from the sovereign people.
- Violation of the constitution by setting up structures and instruments leading to the establishment of a new federal state without having previously consulted the sovereign people.
- Violation of the republican constitutional principle of guaranteeing the independence and integrity of the national territory by the institution of cross-border Eurodistricts in which the initial French sovereignty ceases to be exercised.
These violations are likely to be of the same order as far as German law is concerned.
5.2) Violation of the international law:
5.2.1) Violation of European Union rules:
- Violation of Article 326 of the Treaty on the Functioning of the European Union by creating a distinct special economic zone, which could undermine the economic and social cohesion of the Union, constituting obstacles and discriminations against other Member States.
- Violation of Articles 43 to 46 TEU and 326 to 334 TFEU for having established enhanced cooperation without the authorization of the Brussels Commission.
- Violation of the principles of the European Treaties for having put in place provisions of various kinds conducive to the use of armed force and to produce, sell and export weapons of war without the authorization of the Brussels Commission.
5.2.2) Violations of international law:
- Violations of the reunification treaties of the two Germany and the Moscow Treaty authorizing the reunification of the two Germanys by instituting a treaty communitizing the French nuclear force for the eventual use and making it possible to manufacture, sell and export weapons of war.
- Violations of the reunification treaties of the two Germanys and the Moscow Treaty authorizing the reunification of the two Germany by establishing a treaty allowing Germany to conceal the changes in the borders of the states which are peripheral to it through the disruptive Eurodistrics and its States that thereby lose the exercise of their sovereignty, conducive to the emergence of conflicts in these areas.
- Particularly risky and dangerous stance in the Ukraine and Donbass case that could trigger a major conflict with Russia.
Never, doubtless, in the history of the Republic, and even, no doubt, in the history of France, will there have been signed a treaty struck with so much illegality and causing our country, our property and that to the lives of each and every one of us a danger so great.
That is why this fatal treaty must be abolished as soon as possible.
In a very next article will be exposed the legal means available to achieve this.
The wise advice received from General Gallois, just among the righteous, must be applied in order to avoid great misfortunes.
Bernard CHALUMEAU
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