The Wholesome Photo of the Month Thu May 09, 2024 11:01 | Anti-Empire
In 3 War Years Russia Will Have Spent $3... Thu May 09, 2024 02:17 | Anti-Empire
UK Sending Missiles to Be Fired Into Rus... Tue May 07, 2024 14:17 | Marko Marjanović
US Gives Weapons to Taiwan for Free, The... Fri May 03, 2024 03:55 | Anti-Empire
Russia Has 17 Percent More Defense Jobs ... Tue Apr 30, 2024 11:56 | Marko Marjanović Anti-Empire >>
Indymedia Ireland is a volunteer-run non-commercial open publishing website for local and international news, opinion & analysis, press releases and events. Its main objective is to enable the public to participate in reporting and analysis of the news and other important events and aspects of our daily lives and thereby give a voice to people.
Julian Assange is finally free ! Tue Jun 25, 2024 21:11 | indy
Stand With Palestine: Workplace Day of Action on Naksa Day Thu May 30, 2024 21:55 | indy
It is Chemtrails Month and Time to Visit this Topic Thu May 30, 2024 00:01 | indy
Hamburg 14.05. "Rote" Flora Reoccupied By Internationalists Wed May 15, 2024 15:49 | Internationalist left
Eddie Hobbs Breaks the Silence Exposing the Hidden Agenda Behind the WHO Treaty Sat May 11, 2024 22:41 | indy Human Rights in Ireland >>
Green MP Proposes Sweeping Reforms to House of Commons in Maiden Speech Sat Jul 27, 2024 19:00 | Sean Walsh The sweeping House of Commons reforms proposed by Green MP Ellie Chowns are evidence that the Mrs Dutt-Pauker types have moved from Peter Simple's columns into public life. We're in for a bumpy ride, says Sean Walsh.
The post Green MP Proposes Sweeping Reforms to House of Commons in Maiden Speech appeared first on The Daily Sceptic.
Heat Pump Refuseniks Risk £2,000 Surge in Gas Bills Sat Jul 27, 2024 17:00 | Richard Eldred With heat pump numbers forecast to rise, the energy watchdog Ofgem has predicted that bills for those who continue using gas boilers will surge.
The post Heat Pump Refuseniks Risk £2,000 Surge in Gas Bills appeared first on The Daily Sceptic.
Debt-Funded GB Energy to Bet on the Costliest Electricity Generation Technologies Sat Jul 27, 2024 15:00 | David Turver So much for Labour's pledge to cut energy bills by £300, says David Turver. Under GB Energy, our bills can only go one way, and that is up.
The post Debt-Funded GB Energy to Bet on the Costliest Electricity Generation Technologies appeared first on The Daily Sceptic.
Christians Slam Paris Opening Ceremony for Woke Parody of ?Last Supper? Sat Jul 27, 2024 13:00 | Richard Eldred Awful audio, bizarre performances, embarrassing gaffes and a woke 'Last Supper' parody that has outraged Christians turned the Paris Olympics opening ceremony into a rain-soaked disaster.
The post Christians Slam Paris Opening Ceremony for Woke Parody of ?Last Supper? appeared first on The Daily Sceptic.
Victorian Laws Against Priests Meddling in Politics Are Now Needed More Than Ever ? To Prevent Imams... Sat Jul 27, 2024 11:46 | Steven Tucker The Muslim Vote wants Labour to abolish Victorian ?spiritual influence? laws that prevent religious leaders from swaying voters, but Steven Tucker argues that in cities like Leicester these laws are more vital than ever.
The post Victorian Laws Against Priests Meddling in Politics Are Now Needed More Than Ever ? To Prevent Imams Doing the Same appeared first on The Daily Sceptic. Lockdown Skeptics >>
Voltaire, international edition
Netanyahu soon to appear before the US Congress? It will be decisive for the suc... Thu Jul 04, 2024 04:44 | en
Voltaire, International Newsletter N°93 Fri Jun 28, 2024 14:49 | en
Will Israel succeed in attacking Lebanon and pushing the United States to nuke I... Fri Jun 28, 2024 14:40 | en
Will Netanyahu launch tactical nuclear bombs (sic) against Hezbollah, with US su... Thu Jun 27, 2024 12:09 | en
Will Israel provoke a cataclysm?, by Thierry Meyssan Tue Jun 25, 2024 06:59 | en Voltaire Network >>
|
Spoofing the Irish media and public with Lisbon “guarantees” that guarantee nothing
national |
eu |
feature
Tuesday June 23, 2009 23:48 by O. O'C. - National Platform EU Research & Information Centre info at nationalplatform dot org
24 Crawford Ave. Dublin 9 01-8305792
![Report this post to the editors Report this post to the editors](../graphics/report.gif)
The central point to grasp about the current EU Summit proceedings on the Lisbon Treaty: so-called “legally binding guarantees” do not change a jot or tittle of that Treaty.
Did you not hear us the first time?
EU politicians cannot change the treaties, or their effects, just by signing a new agreement: the Court of Justice will always say that the provisions of a fully ratified European Treaty trump any attempt to modify the operation of the Treaty through an unratified agreement.
Other Anti-Lisbon Groups:
Say NO |
Vote NO |
Lisbon Vote |
No 2 Lisbon |
Vote No to Lisbon |
People.ie |
National Platform |
Peace and Neutrality Alliance - pana |
People before Profit |
Republica Sinn Féin - RSF |
Communist Party of Ireland |
Socialist Workers' Party - SWP |
Workers' Party Ireland |
32 County Sovereignty Committee - 32CSM |
Ógra Shinn Féin - OSF |
Éirígi |
Le Chéile Saor |
Get YOUR Group Added
If you'd like to add your group to the list above, please send us an email
Letting the Politicians know how YOU feel - closing the democratic deficit
Contact.ie - Contact ALLTDs, Senators, and MEPs and let them know YOUR feelings about being asked to vote for a second time on the Lisbon Treaty.
The central point to grasp about the current EU Summit proceedings on the Lisbon Treaty is that Messrs Brian Cowen’s and Micheál Martin’s “legally binding guarantees” to meet Irish voters’ concerns do not change a jot or tittle of that Treaty.
If they changed even a comma, the Lisbon Treaty would become a different Treaty and would have to be ratified again from scratch by the National Parliaments of the 27 EU Member States.
EU politicians cannot change the treaties, or their effects, just by signing a new agreement: the Court of Justice will always say that the provisions of a fully ratified European Treaty trump any attempt to modify the operation of the Treaty through an unratified agreement.
EU treaties cannot be amended in any way unless the document embodying the amendments has been both signed by EU leaders, and then ratified by all EU Member States “in accordance with their respective constitutional requirements”. That is not happening here.
Thus the Lisbon Treaty which the Irish people will be voting on in the autumn will be exactly the same Treaty as the one which the majority of voters rejected in last year’s referendum by 53% to 47% on a 53% turnout.
If the Lisbon Treaty comes into force, it would be the EU Court of Justice which would interpret it, as the EU Court is the only body authorised under the European Treaties to interpret them and decide how they should be applied.
The “decision” or agreement of the European Council that certain provisions of the Lisbon Treaty mean such and such is just that - an agreement between the 27 Prime Ministers and Presidents. It is legally binding on them as individuals, but it is not an international Treaty between States which would require ratification by the 27 EU States putting it before their National Parliaments for approval, as is the normal mode of ratification of treaties.
The text of the introduction to the Summit “decision” states that it is made by the Heads of State or Government “desiring to address those (Irish) concerns in conformity with that Treaty”, viz the Lisbon Treaty.
Being in conformity with the Lisbon Treaty, the “decision” or agreement cannot add to or substract from Lisbon in the slightest, and it would be for the EU Court, and the Court alone, to decide what Lisbon and its manifold provisions would mean if Lisbon should come into force.
So far as one can ascertain, the Summit “decision” or “agreement” is not actually being signed by the 27 Prime Ministers and Presidents who agree it, as would be normal with an international Treaty pending its formal ratification. Note that it is not being called a Treaty, but rather a “decision” or “agreement”.
Formally registering this decision at the United Nations as a political agreement between the Prime Ministers and Presidents concerned, is intended to make it look more significant to the Irish public. This would confer on it a minor status in international law, but not in EU law. It would not and could not override EU law.
Some future meeting of the European Council of EU Prime Ministers and Presidents could make some other decision or agreement, possibly even in contradiction to this agreement, and that would be equally valuable or valueless, for it would not add to or take away from the Treaties one iota.
The whole process is meant to give the Irish media and public the impression that some real change is being made to the Lisbon Treaty, when nothing like that is happening.
Nor is the Summit “decision” or “agreement” a legally binding Protocol attached to Lisbon, which would form part of that Treaty and which would be binding in European law and on the EU Court of Justice in interpreting and applying European law. For that would require opening the Lisbon Treaty and ratifiying the new Protocol anew as part of it.
Promise of a special Irish Protocol or “clarificatory declaration” to be attached to some future EU Treaty, possibly years away, would be just that - a promise. It would not affect the Lisbon Treaty coming into force, with all its legal obligations. It would not prevent the constitutionally new European Union which Lisbon would create being established.
In no way could a promised Protocol to some future EU Treaty resile or pull back from the obligations entailed by the provisions of the Lisbon Treaty once Lisbon had come into force.
What could such a promised future Protocol do in any case, for Ireland is not seeking any opt-outs from the provisions of the Lisbon Treaty?
In 1992 when the Danish people voted No to the Maastricht Treaty, its Government sought and secured legally binding opt-outs from the central provisions of Maastricht - the euro-currency, EU military and security commitments, and Maastricht’s provisions on EU citizenship. These provisions of Maastricht were never applied to Denmark and that position was formally recognised by a Protocol in the EU Treaties at the time of the 1998 Amsterdam Treaty, and these Danish opt-outs still apply.
Nothing like that is being sought by Ireland, whose Government has signed up to and accepted the provisions of the Lisbon Treaty and the EU Constitution which it embodies in their entirety.
That is just as true now as it was last year.
(Signed)
- Anthony Coughlan
|
View Full Comment Text
save preference
Comments (23 of 23)