A huge battle that goes beyond the borders of Sweden and into the European Union (EU) and beyond into the global scene could potentially erupt as the summer of 2011 ends and the new school year starts in the autumn. The homeschoolers who have not already fled the Swedish Gulag and resettled abroad are gearing themselves up for battle. So far the Swedish Government has mostly kidnapped, imprisoned, fined, driven into exile abroad or just ignored homeschoolers and their children, and thinks it can just steamroller us into oblivion using the cudgel of abusive state power in the same way that the German régime is doing.
The nature of the battle is actually quite complex because of the now intermeshed laws of the EU and Kingdom of Sweden that will, as of 1 July 2011, directly contradict one another when it comes to the legality of homeschooling. On the one hand, 'Germany', which outlawed homeschooling in 1938 under the Hitlerite régime, insists that this fascist legislation is legally binding, and has, in consequence, vigorously employed it to suppress, fine and imprison homeschoolers and crush the homeschooling movement in the 'Federal Republic' to the best of its ability. On the other, this same 'Federal Republic' has, by devious means, managed so far to persuade the EU courts to uphold their Nazi Law in spite of the fact that it runs completely contrary to the EU Constitution. And I have little doubt that the current Swedish régime, having watched the 'Federal Republic of Germany' bully the EU legal institutions into getting its own way (by virtue of its enormous economic clout) is confident that what has happend to Germany will ensure that it gets its own way in getting the EU to endorse its recent action in stamping out a fundamental human right should homeschoolers be forced to go to the EU Courts.
I expect why you are wondering why I have put 'Federal Republic of Germany' in inverted commas. The reason is because this entity does not legally exist in international law. It is pure fiction. And for this reason it has not been a problem for the EU courts to deal with this entity differently from the other states that are a part of the Union.
Now I need to explain what I mean by all of this.
After its defeat at the end of the First World War, Imperial Germany became a liberal Constitutional Parliamentary Republic on 11 August 1919 as the result of free and open democratic elections and was so recognised internationally. This liberal democracy is commonly known as the Weimar Republic with a Constitution, Die Verfassung des Deutchen Reichs.
When Hitler legally came to power as Chancellor through the ballot box in 1933, though he never attempted to repeal the Constitution of the Weimar Republic, he did implement various illegal moves by means of the so-called Gleichschaltung or 'Coordination' which enabled the government to legislate contrary to the Constitution. Thus as of 1933 the Constitution of the Weimar Republic became irrelevent. As no popular democratic vote was ever applied to legislation that contradicted the Constitution, every Nazi law that violated it was illegal. This includes the 1938 law banning homeschooling.
Nazi Germany was therefore a peculiar species inasmuch as it had a legally- and democratically-appointed Chancellor (Hitler) who broke the Constitution of the Weimar Republic by enacting illegal laws.
We all know what happened in 1945. Germany surrendered to the victorious allies - the USA, Great Britain, France and the Soviet Union. The unconditional surrender of the German Armed Forces or Wehrmacht was effected by Generals Friedburg, Keitel and Stumpf when they signed the Deed of Surrender in accordance with Article #35 of the internationally-recognised Hague Convention. Thus §4 of the Deed read as follows:
"The instrument of surrender is independent of, without prejudice to, and will be superceeded by any general instrument of surrender imposed by or on behalf of the Allied Powers and applicable to Germany and the German armed forces as a whole".
Unfortunately Hitler, as the legally-elected Chancellor of Germany went and appointed Admiral Dönitz as his successor and as 'President' of the State of Germany as well as Commander of the Wehrmacht, which he was not entitled to do, because according to Die Verfassung des Deutchen Reichs or Constitution of the Weimar Republic, the Chancellor of the State had to be a democratically elected member of parliament which Dönitz was not. Thus Hitler's act of appointment was illegal according to International Law. This 'appointment' therefore legally liquidated the Nazi Reich since there was no democratically elected Chancellor or President.
This meant that when Hitler killed himself, the Third Reich was gone and the State of Germany automatically reverted back to the Constitution of the Weimar Republic. According to Article #45 of Die Verfassung des Deutchen Reichs, only a legally elected President was authorised to sign a deed of surrender on behalf of the German people. As that did not happen, as there was no internationally-recognised Head of State, all that happened in 1945 was that the Armed Forces and the illegal Third Reich government capitulated, not the nation known as Germany.
On 1 September 1948 the three Western victorious powers who accepted the surrender of the Armed Forces and illegal Government of the Third Reich created ex nihilo - out of nothing - another illegal entitity, the 'Federal Republic of Germany' (FRG or BRD or 'West Germany') with capital in Bonn, while the Soviets did the same in their zone of occupation, creating the illegal entity called the 'German Democratic Republic' (GDR or DDR or 'East Germany') with capital in East Berlin, all the while remaining under military occupation by the Allied Powers. A most peculiar situation and without historical or legal precedent in international law!
Both 'Germanys' claimed to be the Germany even though neither was the legal Weimar Republic and neither had a legal President or Chancellor. The 'President' of the 'West German' entity was Konrad Adenauer with Vice President Carlo Schmidt. This entity was entirely a creation of the USA, UK and France who formulated the so-called Grundgesetz or 'Basic Law' which was superimposed on top of the law of the Weimar Republic plus some of the Nazi era laws such as the one banning homeschooling!
Why wasn't the original Constitution and Law of the Weimar Republic as of 1933 restored? Because the victorious powers, without legal or historical precedent, assumed that Germany itself had been dissolved, something that has never happened in modern times. When the Wehrmacht capitulated unconditionally on 8 May 1945 this did not signify the dissilution of the German state or nation. Germany did not cease to exist on that day and those who signed the Deed of Surrender did not liquidate their country, which they had no power to do. The only things that were 'liquidated' on 8 May 1945 were the German Armed Forces and the Nazi Government. According to International Law, a deed of surrender does not liquidate a nation!
On 8 May 1945 Germany became de jure the Weimar Republic again in her borders of 1933/7, albeit it an occupied country with its armed forces completely surrendered. You cannot impose or 'create' two new countries on one which is a legal entity according to International Law which is why 'West Germany' and 'East Germany' were illegal constructs. Since the 'Federal Republic of Germany' is not a sovereign state it cannot have its own flag, nor can it use the imperial eagle of the Weimar Republic as its crest, nor can it have its own Allied-imposed constitution or Grundgesetz (Basic Law). The flag, imperial eagle and consititution belong solely to the Weimar Republic to which Germany automatically reverted upon the collapse of the 'Third Reich'.
But this is not the end of our story which becomes stranger still. At this point there were two illegal 'Germanys' - the FRG (West) and GDR (East). In May 1989 the East German communist régime began to falter upon the removal of Hungary's border fence with the West. Thousands of 'East Germans' fled west. On 18 March 1990 the 'GDR' had its first free elections followed by negociations between the two German entities that culminated in a 'Unification Treaty' (also illegal, of course). The two 'Germanys' then entered into negociations with the four occupying powers - the USA, UK, France and USSR - that led to the so-called 'Two Plus Four Treaty' or to use its more formal name, the Treaty on the Final Settlement with Respect to Germany granting full 'sovereignty' to a unified 'German State'.
Or so we have been led to believe. But all of these treaties were illegal according to international law. The true Germany - the Weimar Republic - was never represented. All that happened was that two ficticious German 'entities', in reality, proxies of the occupying powers, signed a treaty with the original four occupying powers. All this was was an arrangement between the USA, UK, France and USSR - it had nothing to do with Germany or the German people (citizens of the Weimar Republic) whatsoever!
What actually happened is amazing. First, the 'FRG' annexed the 'GDR' to create an expanded 'FRG'. In fact, this was a business arrangement, and it cost the 'FRG' entity 200 billion marks. The 'FRG' entitity, on behalf of the three Western powers, bought the 'GDR' entity from the Eastern Soviet power for a very large some of cash! The Allies had only dealt with themselves, making the treaties utterly worthless from the point-of-view of interational law. This was simply two sets of powers trading German real estate between themselves 55 years after Germany militarily surrendered! What does that tell you about who was, and still is, running Germany? I will not even go into the Weimar Republic's territories east of the Oder-Neisse line which were annexed outright by Poland and Russia - and even though the 'FRG' entitity acknowledged this post-1945 partition in the 'Two Plus Four Treaty', it had no authority to do so or validity in international law, as this right belongs solely to a properly elected Weimar Republic government under its Constitution which has not been in office since 1933.
No Peace Treaty has yet been signed between Weimar Germany and the victorious allied powers which means that technically Germany is still at war with the Allies and exists within its 1933/7* boundaries. (*The only difference between 1933 and 1937 is that the Saarland, preciously under French administration, was returned to Germany after a lawful plebiscite).
But what of today's 'FRG'? As we have seen it is not a legal entity. And what is even more amazing, it's not even a country - it's a business corporation.
Before the so-called 'reunification' between the 'FRG' and the 'GDR', Article #23 of the Grundgesetz or Basic Law was deleted and the 'Federal Republic of Germany' or 'Bundesrepublik Deutschland' ceased to exist. IT WAS TRANSFORMED INTO A LIMITED COMPANY (Ltd or GmbH in German)! If you read the Certificate of Registration, the Bundesrepublik Deutschland is no more - it is now the Bundesrepublik Deutschland Finanzagentur GmbH:
As Sigmar Gabriel, a German Social Democrat (SPD) politician accurately remarked (for he knows the truth): "We don't have a Federal Government! Mrs. Merckel (the Chancellor) is the CEO (Chief Executive Officer) of a non-governmental organisation in Germany. That is what is here!"
Herr Gabriel wasn't joking or being sarcastic. He was telling the plain truth. The 'FRGFA', which replaced the old 'FRG' (even if it is still called 'FRG' in public), is a fictitious entity too, with the German nation as the staff of this 'company', the 'FRG' Government is the Executive Board, the the USA, UK and France are the proprietors or company owners!
This is one of the greatest frauds and acts of piracy in modern times - three of the victorious powers simple took over a defeated country and made it into their own private company. And so it remains today. The German people have no idea, by and large, that they have been scammed though they are slowly beginning to wake up. Even their ID cards ought to alert them for the card owner is listed as merely 'German' but not as a citizen of the 'FRG'. They have no country, no nation state. It was hijacked by an international business cartel (whose identity is beyond the scope of this article). Germany is essentially under feudal overlordship. The Grundgesetz reads like a company agreement because that is what it is. Indeed, it is called a Geschäft or Business in that 'Law'.
The Federal Republic of Germany (FRG) or Bundesrepublik Deutschland (BRD) - in reality, Bundesrepublik Deutschland Finanzagentur GmbH (BRDFA - a business corporation) and the former German Democratic Republic (GDR or Communist 'East Germany') or Deutsche Demokratische Republic (DDR), which was bought from the USSR and then annexed by the FRG (the former 'West Germany') - were and are illegal entities, being no more than private corporations. The real Germany is called Deutsches Reich (DR), the official name of the Weimar Republic, which has not existed since 1933. The current German Law or Grundgesetz is also illegal, the true Law and Constitution being Die Verfassung des Deutchen Reichs. This means that the true Germany - the Weimar Republic - is not even a member of the European Union (EU). And since 'West Germany' was one of the founder members of the EU, then technically the EU is an illegal entity as well - it is not a true state, no matter what treaties have been signed.
What has all of this got to do with Sweden and homeschooling? That really depends how the conflict between homeschoolers (demanding the restoration of an international human right) and the Swedish régime unfolds over the next year. As I hinted at the beginning, this conflict could widen to draw in all kinds of people from different countries, and open the German Pandora's Box. For 'West Germany' or the 'FRG' was one of the founder-members of the European Union which not only calls into question the legality of the whole EU enterprise but points to the fact that it is partly owned by a non-European power, the United States of America, by virtue of its part-ownership of the 'German Geschäft', that is, the Bundesrepublik Deutschland Finanzagentur GmbH company.
Now these larger matters are of little personal interest to me - I am only interested in my basic human right to homeschool wherever I am in the EU, whether Sweden, Germany or anywhere else. The point is this: the German 1938 law banning homeschooling is illegal (and was even before the EC or EU came into existence) and so is the Swedish 2010 law doing the same. Our battle is going to the highest courts in Sweden and the EU and even to the United Nations if necessary - our lawyers know about these things. If the Swedish régime tries to use the EU decision to uphold the Nazi anti-homeschooling law in Germany (which is illegal on two counts), it is going to get itself and Germany and the EU into a legal quagmire with a lot of international publicity, however much they try to gag the media. For one thing I can guarantee is if all of this gets out in Germany, there are going to be a lot of rightly very angry German people when they discover they are economic and political serfs!
I do not know how Swedish Education Minister Major Jan Björklund plans to extricate himself and his government from this mess, whether they will try to destroy the rest of us by character assassination, use of Social Services child-abduction, imprisonment or more fines as they have the Johansson Family or whether they will do the honourable thing and give us complete educational emancipation and freedom like the USA, UK and other countries, free Domenic Johansson and cancel the fines levied against homeschoolers who are simply exercising their human rights. That's all we want. Then they can get back to their political buisiness and we can get back to educating our children in the best way we know how...and never the twain shall meet again.