Date: Mon, Jun 23, 2014 at 1:13 AM Subject: PRE ACTION / LITIGATION PROTOCOL 23/06/14, by email only European Council and European Commission PRE ACTION / LITIGATION PROTOCOL Please redirect to: Mr Jose Manuel Barroso, President of the European Commission Ms Viviane Reding, Vice-President of the European Commission, EU Justice Commissioner 1 I submit the EU Commission fails to represent and uphold the interests of so called EU migrants living in the UK by not protecting them from systemic racial abuse therefore failing itself to enforce the fundamental EUs law. 2 New laws and institutions should be introduced to effectively protect Poles and other EU nationals living in the UK from systemic abuse and discrimination. 3 Unacceptable, racial hate comments has been made publicly by Prime Minister David Cameron and Nigel Farage - a Member of the European Parliament for South East England. 4 As far as I know no European Commissioner or EU institution acted on those public racial hate acts in the UK. 5 I found it unacceptable and violation of the HRA 1998 (UKs law) and the EU Charter of Fundamental rights (EU law). 6 I was about to submit a complaint to the European Court of Human Rights in December 2013 but due to ill health and lack of any support I was not able to do that (EVIDENCE 2) 7 Please treat this complaint as a pre action protocol / litigation as I intend to hold the EU accountable for the abuse the EU migrants (Poles and others) face in the UK. 8 I also propose to prohibit the expression migrant in regards to the EU citizens living in the EU countries. 9 My more detailed complaint can be found further below (EVIDENCE 1, 2, 3) and attachments ). Yours faithfully, Ewa Sobolewska EVIDENCE 1: From: Ewa Sobolewska Date: 2014-06-22 10:11 GMT+01:00 Subject: SKARGA, Zaniedbania zwiazane z zagrozeniem zycia, Artykul 228 TFUE, Karta Praw Podstawowych EU To: [email protected] , Ambasada Polska Sergiusz Wolski , [email protected], [email protected], Andy Rygiel , Marlena Marzena , KomisjaEuropejska . , Euro-Ombudsman , KUBIAK Hanna , Polish Youth Association Patriae Fidelis , [email protected] Ewa Sobolewska, Flat 17 Walcot House, Snow Hill, BA1 6DD, Bath, Wielka Brytania M: 00 44 7427011911 1ewa2ewa3ewa@gmail 22 June 2014, email tylko Komisja Europejska Mr Nikiforos Diamandouros Europejski Rzecznik Unii Europejskiej (ERPO) oraz pozostale Instytucje/Organizacje SKARGA, Artykul 228 TFUE, Karta Praw Podstawowych EU 1 Brak skutecznej strategi pomocowej w stosunku do systemowej wiktymizacji ofiar przestepstw bedacych tzw emigranrtami z Polski na terenie Wielkiej Brytanii. 2 Istniejace instytucje sa w konflikcie interesow i stronniczo bronia interesu Wielkiej Brytanii, a nie praw tzw emigrantow z Unii Europejskiej na ich obszarze. 3 Do tych stronniczych (czesto rowniez otwarcie wrogich) instytucji zaliczam czolowych krajowych politykow (PM David Cameron), partie krajowe (Nigel Farage), policje, sady krajowe, krajowych rzecznikow obywatelskich, krajowe organizacje charytatywne, brytyjskie media oraz wladze polskie na terenie Wielkiej Brytanii odpowiedzialne za tzw. dobre stosunki dyplomatyczne. 4 Domagam sie natychmiastowego utworzenia przez Unie niezawislych instytucji pomocowych dla tzw emigrantow Unii Europejskiej na terenie Wielkiej Brytanii. 5 Tylo takie instytucje sa w stanie zapewnic godnosc i sprawiedliwosc dla tzw emigrantow z Unii, co stanowi fundamentalne prawo wszystkich obywateli Unii. 6 Nie rozumiem dlaczego postępowania prowadzone przez Europejskiego Rzecznika nie mogą dotyczyć skarg składanych na władze krajowe oraz krajowych rzeczników praw obywatelskich jesli dotycza powaznych naruszen Karty Praw Podstawowych tzw emigrantow z krajow Unii Europejskiej. 7 Komisja oraz Rzecznik Europejski powinnny byc wladne monitorowac powazne naruszenia władz krajowych oraz krajowych Rzeczników Praw Obywatelskich w stosunku do powaznych naruszen Karty Praw Podstawowych tzw emigrantow z krajow Unii Europejskiej. 8 Domagam sie zniesienia okreslenia EMIGRANT w stosunku do obywateli Unii Europejskiej. 9 Jestem w posiadaniu materialow dowodowych na pelne poparcie tej skargi. Od roku 2012 samotnie walcze z bardzo powaznymi naruszeniami (chronione ujawnienie) fundamentalnych praw Unii Europejskiej w sadach Wielkiej Brytanii. 10 Wnosze, ze Unia Europejska jest czesciowo odpowiedzialna za zaistniala sytuacje (zaniedbania). 11 Oczekuje natychmiastowej pomocy i zabezpieczenia dowodow o wadze spraw kryminalnych (moje konta mailowe byly blokowane) w celu ujawnienia prawdy i realizacji sprawiedliwosci. Z powazaniem, Ewa Sobolewska EVIDENCE 2: From: Ewa Sobolewska Date: Sun, Dec 15, 2013 at 4:55 PM Subject: Unlawful discriminations of Poles in the UK To: [email protected] Cc: [email protected], [email protected], Ambasada Polska Sergiusz Wolski , Foster, Don (2nd Mailbox) , Kevan Rowlands , Ella Vine , [email protected], [email protected], Secretary Ewa Sobolewska, 17 Walcot House, Snow Hill, BA1 6DD, Bath, UK 15/12/13, BY EMAIL ONLY Ministry of Foreign Affairs of The Republic of Poland Minister Radoslaw Sikorski cc Polish Embassy cc Polish Consulate cc MP Don Foster, Bath UK cc Avon and Somerset Police Dear Minister Radoslaw Sikorski 1 Please find below my request for support against unlawful discrimination of Polish and other existing and new EU nationals. 2 I call for your urgent action as I feel the problem escalates and feel unsafe. 3 I write to European Court of Human Rights and intend to file an urgent Claim against the British Government. 4 I will try to file this claim by Tuesday 17/12/13. 5 Please find below what Im complaining about: Yours sincerely, Ewa Sobolewska European Court of Human Rights SOBOLEWSKA V UK 15/12/13 LAW: Human Rights Act 1998, Equality Act 2010, EU Treaty (Article 45) CLAIM A) Unlawful acts of PM David Cameron and his follower Ms Victoria Ayling – deliberately misleading, detrimental and unlawful indoctrination against EU immigration B) Unlawful (failing in duty of care and accountability) failures in regards to Child Protection and Child Care in the UK C) Daniel Pelka’s death Public Inquiry D) Personal statement: I find it to be an evidence of MORAL crisis mirroring the economical difficulties that we don’t hear about any UK activist challenging the UK Government against its unlawful acts of discrimination and segregation. I assume it must be much easier to fight for Human Rights and Liberties abroad, away from Home, where there is no direct fear of punishment for disobedience against own Government. The economical crisis brings moral slavery to individual people and the society. Obedience, in human behaviour, is a form of social influence in which a person yields to explicit instructions or orders from an authority figure. Obedience is generally distinguished from compliance, which is behaviour influenced by peers, and from conformity, which is behaviour intended to match that of the majority. Humans have been shown to be obedient in the presence of perceived legitimate authority figures, as shown by the Milgram experiment in the 1960s, which was carried out by Stanley Milgram to find out how the Nazis managed to get ordinary people to take part in the mass murders of the Holocaust. (WIKIPEDIA) PARTICULARS FOR POINT (A) 1 CHIEF EVIDENCE 1.1 Mail Online 28/10/13 Mr Cameron is seeking to promote apprenticeships to help British workers prospects: 1.2 We must say no to giving work to immigrants just because our young people arent up to the job 1.3 The Prime Minister said the UK needs to ‘say no’ to the current situation, which sees half of workers in many factories coming from abroad. 1.4 Poor training and school standards mean young Britons do not have the skills and qualifications to compete, he said. 1.5 He told apprentices at a Mini factory in Oxfordshire he did not blame ‘hard-working’ Eastern Europeans for travelling here, nor employers for hiring them. 1.6 But because our education system has failed many school-leavers and the welfare system has not incentivised work, Britons are often a cut below other workers, he said. 1.7 ‘Immigration, welfare and education are totally linked,’ said Mr Cameron. 1.8 ‘You go round factories in our country and half the people have come from Poland or Lithuania or Latvia. You can’t blame them. They work hard. 1.9 ‘They see the jobs, they come over and they do them. But as a country what we ought to be saying is “no”.’ 1.10 Read more: dailymail.co.uk/news/article-2478336/David-Camerons-anger-factories-staffed-foreigners.html#ixzz2nPAFucBD 2 PUBLIC COMMENTS 2.1 Best rated comment: Troy Tempest, Birmingham, United Kingdom, 1 month ago My local pound and 99p shop are staffed by Poles as is the KFC. I applied to the KFC a few months ago but didnt get the job. The feelings I have to see it staffed by Poles and Africans when I was tuned down I cannot begin to explain. It is VERY disheartening to be a middle aged Englishman unable to find work in my own country only to see foreigners taking the jobs that I could do and am prepared to do. Cameron and his cronies complain about the unemployed not wanting to work. That is not the case for many unemployed. We want to work but our jobs are being given to foreigners and where is the fairness in that? Everyone has the right to a job but let them find work in their own country and English people find work in theirs. 370 4530 Click to rate 2.2 Worst rated comment: oz, sabrie, Grenada, 1 month ago to be fair, if foreigner wernt more hardworking, more british people will be hired. cant blame others for who they hire. 471 309 Click to rate 2.3 Full account of the Public Comments is attached (Attachment 1) 3 THE LAW: 3.1 The decisions, actions, omissions and policies of government are subject to the constraints and duties imposed by Administrative Law. 3.2 Where a Public Authority fails to act in accordance with the law, it can be challenged and hold to account. 3.3 I submit that PM David Cameron is KNOWLINGLY in breach of basic Human Rights protected by Human Rights Act (HRA). 3.4 I submit that PM David Cameron KNOWLINGLY fails to comply with the HRA 1998, Equality Act 2010 and EU Treaty Rights (Article 45). 3.5 I submit PM David Cameron campaign against new EU migrants KNOWLINGLY advocates illegal racial, social and economical segregation in the UK – ATTACHMENT 2: New EU members issues, Euobserver: Bulgaria hits back at British plans, 29.11.13 @ 09:03, euobserver/tickers/122290 3.6 I submit that while PM David Cameron reaps the benefits of the UK EU membership’s he is under duty to comply with the EU Treaty (Article 45) and accommodate any future and existing EU migration to enjoy equal treatment with those of the British nationals. 3.7 I would like to use Article 14 to enforce my right not to be discriminated against in the enjoyment of my Human Rights. 3.8 Under Article 14 (HRA) I would like to request legal expertise on legality and validity of PM David Cameron migration agenda. 3.9 In particular David Cameron’s arguments used to justify discriminatory measures against new EU members. 3.10 I submit PM Cameron’s migration indoctrination causes detriment (anxiety, insecurity) to me and many other EU migrants in the UK. 3.11 This is clearly reflected in the public comments in regards to PM Cameron’s migration statements – ATTACHMENT 1 3.12 I submit PM Cameron’s migration agenda causes social unrest, racial hostility and misconception in regards to the real nature of economical and political difficulties in and outside of the UK. 3.13 I submit that EU legislation should be interpreted so as to give all EU migrants the same rights with regard to succession to work and benefits system as it does to the UK nationals. 3.14 I would like to complain about the unlawful indoctrination of the British nationals by the Head of the British Government: We must say no to giving work to immigrants just because our young people arent up to the job 3.15 I hold a University degree (Master of Arts with a final A) but it did not stop me from working as a cleaner at the Royal United Hospital in Bath. 3.16 Any fit to work person would be considered ‘up to this job’ contrary to suggestions from PM David Cameron that migrants have more skills and therefore they win the competition for the jobs. 3.17 I know that there are plenty of educated non-British EU cleaners and manual workers (e.g. dishwashers) in the UK. 3.18 Following the argument that migrants have more skills it would be reasonable to acknowledge positive contribution of migrants to British business and economy. 3.19 Instead we are told: The Prime Minister said the UK needs to ‘say no’ to the current situation, which sees half of workers in many factories coming from abroad. 3.20 I find it extremely irresponsible and illegal that PM Cameron’s supporters engage in linguistic ‘war’ by campaigning: SAY NO TO NEW EU MIGRANTS with connection to JOIN OUR CRUSADE - Crusade is a modern term, from the French croisade and Spanish cruzada, applied to the medieval military expeditions (WIKIPEDIA) and implying a vigorous concerted movement for a cause or against an abuse. 3.21 I submit PM Cameron is KNOWLINGLY making unlawful political statements about alleged EU migrants’ PROBLEMATIC presence in the UK: ‘They see the jobs, they come over and they do them. But as a country what we ought to be saying is “no”.’ 3.22 Then PM Cameron is confusing the public further by the following statement: He told apprentices at a Mini factory in Oxfordshire he did not blame ‘hard-working’ Eastern Europeans for travelling here, nor employers for hiring them. 3.23 It is due to David Cameron’s politics that UK nationals are deprived of legal awareness and factual information. 3.24 Under Human Rights Act we all have rights for true information and facts (Article 10). 3.25 David Camerons confidence of the legal basis for his recent proposals comes from the fact that the British has not been the truth and real facts: a) About two thirds of all migrants in the UK are non-EU migrants b) There are existing EU rules/safeguards against so-called ‘benefit tourism’ c) Mr Cameron accuses Labour of a ‘monumental mistake’ in failing to control immigration from Eastern Europe. This is another error - Labours Shadow Home Secretary Yvette Cooper informs that it has taken Mr Cameron eight months to copy Labours proposal for the stronger EU members Habitual Residence Test. d) ‘Government said it was all fine and nothing needed to change. Yet now, rather than following a coherent plan, they are flailing around. No wonder public confidence in the Governments handling of this issue has collapsed.’ (MATT CHORLEY, MAIL ONLINE POLITICAL EDITOR) 4 OTHER EVIDENCE/FACTS 4.1 On average EU migrants are more likely to be in employment than nationals living in the same country. This is not just UK phenomena. 4.2 There is little evidence to suggest that the main EU motivation to migrate is related to benefits, as opposed to looking for work or family-related. 4.3 The data shows that, in most countries, immigrants are not more intensive users of welfare than nationals of these countries. 4.4 Where there are more intensive users, they mostly use welfare linked to specific for migrants’ socio-economic circumstances. 4.5 Overall estimated effects of so called ‘welfare magnet effects’ are typically small or of no statistic significance. 4.6 I know there has been already a Complaint taken to European Commission. 4.7 In the response to this Complaint we read as follows (Paragraph 4, 5 and 6): ‘I’m aware that economic crisis has accentuated a debate in some Member States on the impact of free movement on national social systems and on the pressures on local services. In response to such concerns the Commission has recently adopted a Communication on free Movement where it underlines the joint responsibility of Member States and the EU institutions to uphold EU citizens’ rights to live and work in another EU country and outlines concrete actions to support Member States efforts to do so while helping Member States to reap the positive benefits it brings. Moreover, in April the Commission made a proposal for a directive facilitating the exercise of the right of free movement of workers, which aims at increasing the effectiveness at national level of existing EU provisions on free movement of workers. The proposal aims to overcome existing obstacles to the freedom of movement of workers and to help to prevent discrimination against workers on the basis of nationality by proposing practical solutions.’ 5 PARTICULARS FOR POINT (B) 5.1 The decisions, actions, omissions and policies of government are subject to the constraints and duties imposed by Administrative Law. 5.2 Where a Public Authority fails to act in accordance with the law, it can be challenged and hold to account. 5.3 I submit that the UK Government is in breach of basic Human Child Protection Rights protected by Human Rights Act (HRA). 5.4 We learn from the news about great malfunction in regards to reporting child abuse. 5.5 While there are these dysfunctional regulations David Cameron calls for capitalism lessons in British schools to what he calls ‘celebrate profits in the classroom’. 5.6 I request Public Inquiry into the death of a 4 year old Polish national in the UK - Daniel Pelka. 5.7 There seem to be huge corruption and public safety issues at stake. 5.8 EVIDENCE: ---------- Forwarded message ---------- From: Ewa Sobolewska Date: Fri, Dec 13, 2013 at 11:56 AM Subject: most Important Public Interest Claims (CO/13807/2013) and (CO/16078/2013) To: Foster, Don (2nd Mailbox) , GODFREY, Karen , Administrative Court Office Cardiff , Caroline Carrick , Kevan Rowlands Cc: Simon Graham , Secretary , Ambasada Polska Sergiusz Wolski , Change.org , [email protected] Ewa Sobolewska, 17 Walcot House, Snow Hill, BA1 6DD, Bath, UK 13/12/13, by email only Local MP, Don Foster Dear Mr Foster Thank you for writing to me on 10/12/12 with your Ref: Sobo001/1 1 You say: I have written for further information about the Daniels Law Campaign, and I will be in touch when I receive a response. 2 Could you be so kind to confirm that this all you have done after receiving information (spread in TV and UK press) that there were numerous failures by the public institutions to prevent the death of a 4 year old Polish national in the UK?: ‘Everyone to blame but no one punished: Teachers, doctors, the police and social workers escape justice after missing 27 chances to save tragic Daniel Pelka’ (Daily Mail, Mail Online, updated 18/09/13) 3 You do not response to my allegations of the Criminal Record checks failure and possible corruption which I allege is the chief reason for lack of accountability by public institutions in the UK. 4 You also say in your letter that it does not seem likely that I will be able to make any further progress with my various issues. There are dertiments or pays off instead of protection for whistleblowers like myself but you are not interested to deal with these issues. 5 I would like to inform you that I do and will continue having further progress with basic Human Rights breaches and Corruption by various public bodies in the UK. 6 What is more I believe you yourself, MP Don Foster will have to make progress with those issues as well. By public choice you have been selected not only to your Parliamentary salary but to be held accountable for what is happening to the people whom you are suppose to serve. (mirror.co.uk/news/uk-news/mps-huge-pay-rise-despite-2904023 MP’s have voted themselves a massive 11% increase in wages. This is a list of what they get: • £74,000 per year wage • £150,000 expenses • Severance pay worth £12,000 for every year as an MP • Pension contributions 4 times higher than most final-salary schemes. • Resettlement Grant when leaving as an MP worth 50% - 100% of final salary. • Winding-up Allowance worth up to £41,000. • 45 days holiday per year. • Expenses can go towards buying a second home in London. How can these people represent the general public when they get paid 10 times more than the average household? ,,,) 7 You say that as you are not legally trained you are unable to assist me any further. 8 You know well that it is impossible for me to get this legal help because of your political resolutions and in spite the fact that what you call my various issues are nothing less than most important Public Interest Claims. 9 I have been very loyal to the UK and you as my local MP, Mr Don Foster but give me no choice but to take the matters to superior Institutions to deal with. 10 To be honest I do consider money spent on your salary a total waste. Yours sincerely, Ewa Sobolewska
Posted on: Fri, 04 Jul 2014 11:25:31 +0000
Trending Topics
Recently Viewed Topics
© 2015