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ESM, the new European dictator!

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Treaty establishing the European Union (EU)

Treaty on the Functioning of the European Union (TFEU)

Amendment article 136 TFEU

First version of the Treaty establishing the European Stability Mechanism (ESM)(not ratified)

Treaty establishing the European Stability Mechanism (ESM)

Treaty on Stability, Coordination and Governance in the economic and monetary union (TSCG)

Vienna Convention on the Law of Treaties 1969

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ESM,  the new European dictator!

article by Rudo de Ruijter
video by Jozeph Muntenbergh

Link to YouTube http://www.youtube.com/ watch?v=rxMOW94V6xQ

   Click here, if you want to read the transcript once more

The treaty becomes definite when the parliaments of the 17 euro-countries will have ratified the ESM-treaty. They are expected to do so between now and 31 December 2011.

Note 2012: A second version of the treaty has been signed and ratified. See below.)

What is this aberration?

That was my first reaction when I saw this video. This is not possible. An organization that can empty the state’s coffers, just like that? We live in a democratic country, don’t we? To be sure, I searched for the official texts.


Copy : ESM-treaty as of 11 July 2011 (New treaty of 2012 here below...)

The articles mentioned in the video are easy to find (from page 19). As for the rest of the treaty, I have not been able to find anything that would limit this dictatorial power in any way! I am still shaking!

But how is this possible within the framework of the treaties of the European Union? For this constitutes an illegal extension of the competences of the Union! Searching further I find out a number of decisions have been taken discretely and quickly to make this ESM “possible”.

I am certain that if politicians in our country wanted to create a club, that would have the freedom to empty the coffers of the State when it wants and as often as it wants, they would not succeed in obtaining the needed changes in the law, not even in twenty years! But Brussels’ bureaucracy succeeds in adapting the treaties at high speed to commit this coup d’état in 17 countries simultaneously!!!

The Brussels sprint

On 17 December 2010 the European Council decided there was a need for a permanent stability mechanism to take over the tasks of the Financial Stabilization Mechanism (EFSM) and the European Financial Stability Facility (EFSF). These are two rapidly erected organizations, respectively in May and June 2010, to supply loans to countries with too many debts. However, these organizations lack a legal basis.

Let us already note here that these organizations were explicitly conceived for financial interventions, while the amendment in the treaty that allows the establishment of the ESM, also allows setting up organizations for quite other fields of action.

This amendment arrived on March 25 2011. To avoid having to organize referendums in Europe once more, they used article 48.6 of the Treaty of the European Union, which allows the European Council to decide changes in the articles of the treaty, under condition they don’t constitute an extension of the competences of the EU. (Those decisions have to be ratified by the national parliaments, but that is generally a formality.) The amendment consisted of an innocent looking addition to a paragraph of article 136 (TFEU). In short, this addition stipulated that “the countries using the euro were allowed to establish a stability mechanism to safeguard the stability of the euro zone as a whole”. Expressed this way, it does not deal exclusively with financial stability. Surveillance of vigilant citizens, oppression of protests, , or the fight against any other destabilizing element in the euro-zone, can, via this amendment, be conferred to new organizations under EU-flag.

In other words, this amendment surely constitutes an extension of the competences of the EU. Thus, it violates article 48.6 of the Treaty of the European Union. Nevertheless, no Minister and no national Parliament were bothered by this and in Brussels they happily and promptly continued to draw up the ESM treaty.

On 20 June 2011 the national Parliaments authorized that the tasks of the ESM treaty would be executed by the EU and the European Central Bank.

http://tvnewsroom.consilium.europa.eu/ event/eurogroup-meeting-july-2011/ press-conference-part-1-284/

(Photo not for commercial use)

On 11 July 2011 the treaty was signed. Although the signature was made public later that day, directly at the opening of a press conference with dozens of journalists (photo above), the next day there was not a single headline in the newspapers (not nationally, nor internationally) about the signature of this new European Treaty. Could it be caused Juncker announced it in French... before continuing the conference in English?

At the moment the ESM treaty awaits ratification by the national Parliaments of the euro-zone countries. The ratifications are expected between today and 31 December 2011.

The treaty isn’t in force yet and already they speak about the necessity to raise the capital from 700 billion euros (that is 2,100 euros per euro zone citizen) to 1500 or 2000 billions.

According to its text, the treaty enters into force in June 2013. Now they want to change that into 2012.

Logically they will ask the national Parliaments to hurry with the ratification. In Germany, the subject is already being debated. Apparently they had to hurry because more and more Germans are waking up!

If we want to use the last democratic straw to avoid this dictatorship, we must urgently wake up as many citizens as we can and send as many emails and letters to our Parliamentarians, politicians and political parties. Waiting around to see if others succeed will be catastrophic.

If you have contacts abroad, send them information too. In most of the euro-countries nothing or almost nothing is known on this subject. Of course it doesn’t help that the only text of the treaty that Brussels made available on the internet until now is in English. That is fine for the Irish, but 98.7% of the eurozoners speak other languages! No, don’t tell me they did that on purpose!

Once a dictator is seated on his throne, you can’t evict him for 30 years! Do we want that for our children?

Pictures for the posterity

Photo session of the persons who, one day, will be asked why they put an end to the sovereign democracies in Europe.

Link to the 30 pictures: http://consilium.europa.eu/ council/photographic-library.aspx?command=PIC&pic=1&bid=170&lang= en&rubrique=3736&dateEvent= 11/07/2011&id=&picid={60bec2d5-00c7-43eb-8822-7970df493f13} This link does not work anymore or arrives on an empty Brussels' page. Less than 24 hours after the publication of this article the photos have been removed. I had counted on that. So you can now find them here below. P.S. After two weeks the photos have been placed back on the Brussel's web page again. So you can use the link above again. Thanks Brussels!

Reynders Schauble_signing_ESM Tempel

Ligi Noonan signing ESM Venizelos

 Mendez Boiron Urpilainen_signing_ESM

Frieden Noonan Schauble, Mendez, de Jager & Tremonti

Venizelos & Urpilainen Fekter_Gaspar_2 Fekter & Gaspar

 Urpilainen_Juncker Venizelos, Mendez, Baroin, Urpilainen, Grilli & Juncker de Jager & Fekter

Tremonti Mavroyiannis Frieden

Jager Fekter_signing_ESM Gaspar

 Krizanic Miklos Juncker showing ESM treaty

Fenech Urpilainen, Grilli, Juncker, Pillath & Tremonti 

(Note: Pictures not for commercial use.)

29 September 2011



Update 6 February 2012

As was the case for the first version of the ESM-treaty of 11 July 2011, the press has apparently decided that the public should not be informed about the new version of this treaty signed 2 February 2012.

Treaty on the Establishment of the European Stability Mechanism (ESM)

 http://www.european-council.europa.eu/ eurozone-governance/esm-treaty-signature

A big difference with the first version is that the signatories oblige themselves to pay, but in order to get a loan when they ask for it, they must also sign another treaty, that is not ready yet, the TREATY ON STABILITY, COORDINATION AND GOVERNANCE IN THE ECONOMIC AND MONETARY UNION.

http://www.european-council.europa.eu/ media/579087/treaty.pdf

This associated treaty will transfer many more powers to Brussels.

The ESM treaty must still be ratified by the national parliaments before taking effect on 1 July 2012, if the countries representing at least 90% of the shares have ratified it by then. As the press keeps silent on this treaty, it will be difficult to have public debates on the usefulness and consequences of the ESM, like the transfer of parliamentarian and ministerial powers to the ESM.


http://www.european-council.europa.eu/ media/582311/05-tesm2.en12.pdf  (if unavailable, here a copy)

          short video: http://www.youtube.com/ watch?v=rxMOW94V6xQ


http://www.european-council.europa.eu/media/ 582869/01-tesm2.es12.pdf   (if unavailable, here a copy)

          short video: http://www.youtube.com/ watch?v=A9zrxk9N4e4


http://www.european-council.europa.eu/media/ 582866/02-tesm2.de12.pdf  (if unavailable, here a copy)

          Short video: http://www.youtube.com/ watch?v=d6JKlbbvcu0


http://www.european-council.europa.eu/media/ 582876/03-tesm2.et12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582879/04-tesm2.el12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582863/06-tesm2.fr12.pdf  (if unavailable, here a copy)

           short video: http://www.youtube.com/ watch?v=rFTbIGahzhU


http://www.european-council.europa.eu/media/ 582886/07-tesm2.ga12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582889/08-tesm2.it12.pdf  (if unavailable, here a copy)

          short video: http://www.youtube.com/ watch?v=D0YM-2r8mcA


http://www.european-council.europa.eu/media/ 582892/09-tesm2.mt12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582895/10-tesm2.nl12.pdf  (if unavailable, here a copy)

          Short video: http://www.youtube.com/ watch?v=1GaH2MqXfxM


http://www.european-council.europa.eu/media/ 582898/11-tesm2.pt12.pdf  (if unavailable, here a copy)

           Short video:   http://www.youtube.com/ watch?v=EIHC34exwZ4


http://www.european-council.europa.eu/media/ 582901/12-tesm2.sk12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582908/13-tesm2.sl12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582911/14-tesm2.fi12.pdf  (if unavailable, here a copy)


http://www.european-council.europa.eu/media/ 582914/15-tesm2.sv12.pdf  (if unavailable, here a copy)

          Short video: http://www.youtube.com/ watch?v=myzgAHVBg_s

bulgarian, short video: http://www.youtube.com/ watch?v=0RbVSPIFsI8

russian, short video: http://www.youtube.com/ watch?v=G50-slShDKs


For comparison you can find a copy of the initial ESM treaty here: xx_ESM-treaty_11_July_2011.pdf


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And you know something is happening
But you don't know what it is
Do you, Mister Jones?

                                 Bob Dylan

Fortunately, we still have the euro...

Private banks must grow infinitely in order not to fail. That is why we have inflation and live according to the dogna of eternal economical growth.

Restrictions to grow beyond the country's borders would endanger the banks sooner or later. This was well understood by Pierre Werner, banker and prime minister of Luxembourg, who presented the first blue print for the common currency in 1970.

Already at that time, prominent economists had warned that because of the big economic differences this would lead to severe indebtment of the weaker countries. These problems were easy to predict. But debts mean extra income for the bankers. So the euro came and with it the problems.

Many euro-countries have severe financial problems by now. Many people still don't understand that the euro is not the solution, but the cause.

The problem? Because of the big differences between euro-countries the cost prices of products differ too. With the open borders, consumers prefer products from less expensive euro-countries. As a result, their local economy fails. At the same time, the euros leave the country as payment for the import-products. To continue to dispose of euros citizens and government must borrow more and more.. The country is trapped in growing debts...

Consecutively the banks raise the interest for the local government in such a way, it can only obtain further loans from the Troika (International Monetary Funds, European Central Bank, European Commission.)

To supply these loans, the Troika demands Draconic budget cuts. Public officers are fired, services come to a standstill, social achievements are broken down. The people are taught they would be still worse off without the euro. Also, all lucrative possessions of the country must be sold to foreign parties to lower the debt. A man of Goldman Sachs is appointed as governor.

Financiers earn billions of interest with these mountains of debt. To prevent that they risk losses because of impayments, the ESM-bank has been set up. (ESM stands for European Stability Mechanisme) The ESM may grab as much tax money as it wants from the treasuries of the eurocountries to make good the losses of the lenders, freely, without any democratic control and without limit.

The ministers of finance appoint themselves as governors of the ESM. (Signature of the first version of the ESM-treaty, 11 July 2011. By the way, this signature was illegal, because the Convention of Vienna, that sets the rules for treaties, does not mention ministers of finance as legal representatives of countries.)

Apparently because the US was not satisfied with this first version, it disappeared in the trash bin a few days later. A second version came on 2 February 2012, this time it was signed by EU-ambassadors. The treaty, however, is not a EU-treaty, but an international treaty. (The EU has not the right to extend its own competences and the ESM limits the competences of the national parliaments.) The rules of the EU don't apply to the ESM and the ESM doesn't have to justify its actions to anyone. No democratic control on the use of our tax money has been foreseen.

Unbelievable but true, the treaty has been ratified by the parliaments and senats of the 17 euro-countries.

This means that in each country a majority (and in some countries even a 2/3 majority) has voted in favor of the treaty. Curiously, that does not mean that those who voted in favor have read the text. At least, those of whom I have read comments in the press had, apparently, read a few lines, without understanding what the treaty was about. We should rather fear that hardly any representative has read the text, because for them, studying the text would have been a waste of time. Whatever the content, they have to vote the way they are ordered to by the leader of their political party. That is the way things go when coalitions are in power.

What we can conclude is that the lobby of the bankers and the europhiles have succeeded to convince enough leaders of political parties - a few persons in each country - to make a majority of representatives vote in favor of the treaty.

They voted in favor of the bankers, not for the people.

Barroso, president of the European Commission from 2004 to 2014.

It is the European Commission that, according to Barroso, should be the economic government of the Union, which defines the actions that national governments must carry out. (28.09.11)

With compliments to Peter Vlemmix

Rudo de Ruijter
Yannis Varoufakis
Costas Lapavitsas
James K. Galbraith
Gerard Dunénil
Michael Hudson
Ed Dolan
Jacques Nikonoff
Jean-Claude Paye
Eugénio Rosa
Jorge Figueiredo

Special thanks to:

Christine, Corinne, Francisco, Evelyne, Françoise, Gaël, Peter, Ingrid, Ivan, Krister, Jorge, Marie Carmen, Ruurd, Sabine, Lisa, Sarah, Valérie & Anonymous...

Acknowledgements for translations:

Alter Info
Carlo Pappalardo
Come Don Chisciotte
Ermanno di Miceli
Ivan Boyadjhiev
Jorge G-F
Lisa Youlountas
Jose Joaquin
Manuel Valente Lopes
Marcella Barbarino
Marie Carmen
Mary Beaudoin
Michel Ickx
Natalia Lavale
Nicoletta Forcheri
Peter George
Resistir Info
Traducteur sans frontière
Valérie Courteau


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