Lawsuit against UK over Schengen Agreement
By Anna Drochevsky, Chief Political & Legal Affairs, NEWPLC [CSO] Ukraine and Russian Federation
Following series of incidents in British Diplomatic Missions in many parts of Europe and West Indies, over immigration related issues, incidents culminating in the shooting dead of a British Consular official in Jamaica a couple of months ago, the PLC Party is to bring a test case against the UK in a Member State of the Union.
Hitler remembered
Mr. John-Salakov, Leader of the PLC Party explains – "A citizen of a nation state should not, on moral grounds, compromise the integrity of his or her country in the course of cross-border proceedings."
He went on, "However, the conduct of the UK Border Agency and Identity and Passport Service in relation to freedom of movement in the European Union is almost akin to Hitler's view of race".
He also said that “This is a test case. The issues that we are going to put before the Judiciary of a Member State are the Schengen Acquis, consisting of Agreements on the gradual abolition of checks at common borders, signed by some Member States in Schengen on 14 June 1985 and 19 June 1990."
Mr. John-Salakov also explained that during an Intergovernmental Conference in Brussels on 18 June 2004 in Brussels, the Republic of Ireland and UK were also discussed in relation to Schengen Agreement.
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Superior race mindset
Mr. John-Salakov is of the opinion that there is less freedom of movement in the UK than in any other Member States of the EU.
He would argue on behalf of the PLC Party for a Declaratory Judgment upon the ground that the conduct of both UK Border Agency and IPS – Identity and Passport Service does not accord with European framework laws, with particular reference to Fundamental Rights, non-discrimination and citizenship.
He does not believe that it is right for the UK government to continue to act as a sort of "superior race over other Member States".
"British citizens are free to move freely in other Member States, but citizens of other Member States cannot enter UK without a passport. This is one of the reasons why I have described the UK as North Korea of Europe", he said.
Supporting Evidence
Mr. John-Salakov said that "institutional racism is endemic in the UK and in clear breach of European framework laws."
He also said that "institutional racism has impacted adversely on standards in the Home Office, Ministry of Justice, Foreign and Commonwealth Office, HM Courts Service, and inside Number 10 Downing Street"
Related complaints State sponsored vandalism
Other issues that the Test Case would address include the treatment of spouses and partners by UK Border Agency and Consulates in Commonwealth countries and elsewhere.
Mr. John-Salakov said that the military style approach in dealing with spouses and partners arriving at UK seaports and airports "devalues and disgraces humanity".
He said that "the marking of passports by UK Border Agency could be construed as evidence of damage to government property at criminal law, for the simple reason that a passport does not belong to the holder of the passport, whose photo appears. Every passport is the property of the government of the country that issues any such passport".
He went on to say that "it is wrong for an immigration department of a country to put all sorts of crosses and stamps on passports. That is nothing short of state sponsored vandalism"
Andre John-Salakov, Leader, PLC Party & Founder, The Public Law Centre [CSO]
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