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Opinion &
Analysis
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Friday,
September 18, 2009 |
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Dubious ‘guarantees and assurances’ given regarding
the Lisbon Treaty studiously avoid its rotten core
LIKE FRANKENSTEIN’s monster, here comes the Lisbon
Treaty once more, rising from the undead. Though 66 million French and
Dutch voters were simply bypassed to avoid more pesky referendums,
Ireland’s Constitution precludes such an elegant solution, forcing a
second vote on the same treaty.
True, some dubious “guarantees and assurances” have
been obtained to address five concerns of the hyper-sensitive Irish that
are convenient to discuss.
Ireland will keep its commissioner and control its own
taxes. No innocent Irish lads will be conscripted as EU cannon fodder,
abortion will not be imposed and workers’ rights and public services
will be protected. But since they’re not copper-fastened into the treaty
itself, they cannot be unchallengeable: they are less guarantees than
target-rich “assurances” for future treaty lawyers.
Anyway, they only nibble at the treaty’s edges, and
studiously avoid the rotten core to which so many people fundamentally
object. For me, this leads to four powerful reasons to vote No, and four
more not to vote Yes.
Firstly, there is the dishonesty of having converted
the readable, understandable, if internally contradictory Treaty
Establishing A Constitution For Europe into the Lisbon Reform Treaty –
an interminable series of unreadable, incomprehensible amendments to two
prior EU treaties (Maastricht and Rome) – while otherwise retaining
nearly all the content of the rejected constitution.
A No vote is the only response to such shamelessness.
The second powerful reason is similar but different.
Just as no rational person would dare sign a contract that he/she
couldn’t understand, so no one should vote for a treaty without
understanding it. It still takes me 13 hours to read once, so unless you
have a spare week to absorb it in conjunction with Rome and Maastricht,
and you don’t like signing blank cheques, No is the only rational vote.
Across the EU, 60 to 85 per cent (depending on
sources) of legislation already originates in Brussels. Yet Lisbon would
transfer more than 100 new competencies from national to EU level.
Another 60-plus EU mandated areas would move from unanimity to majority
voting, reducing further the influence of individual nations. This would
represent the single largest transfer of powers from nations to Brussels
in EU history.
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Just one example.
At present, individual
states fund the EU. But Lisbon empowers
the EU to impose its own taxes. See Article
259, which amends Article 269 in the Rome
or Maastricht treaties, neither of which runs
to 269 articles, to create Article 311 of a so-
called “consolidated” treaty which
supposedly consolidates all three treaties
but is not itself a treaty – and has no legal
force. What fun this is! And how lucrative
for treaty lawyers. |
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“
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The
current
political elite
is one group
whose
judgment on
what's good for
Ireland is
supremely
suspect |
But honestly, do citizens really want to surrender
ever more sovereignty, resulting in even more EU laws? It’s the third
powerful reason to vote No. In Ireland, all the main political parties
are united in urging us to vote Yes. Yet nobody today can trust the
wisdom of the ruling Coalition and supine Opposition, which have brought
the country to the brink of financial ruin with reckless policies and
neglect. The current political elite is one group whose judgment on
what’s good for Ireland is supremely suspect. If they say Yes, that’s
the fourth powerful reason to vote No.
The Yes-sirs who would have us approve the referendum
are putting out postcards, pamphlets, websites and print, radio and TV
blitzes to explain the unintelligible treaty. But these explanations are
not the treaty being voted on. Moreover, how can we know they’re not
simply biased attempts to highlight the good stuff while obfuscating the
bad? Such media campaigns are no reason to vote Yes.
Many prominent personages in Ireland, Brussels and
elsewhere are urging us to vote Yes, but they are heavily invested,
personally, in continued enlargement of EU activity, because that’s
where their careers lie. With the EU so influential in national
law-making, domestic legislators won’t advance their careers by opposing
the EUrocracy. And if you’re part of that EUrocracy – or dependants such
as lobbies, lawyers, think tanks or service providers – Lisbon’s
expanded powers can only mean more work, bigger budgets, massive
recruitment and thus juicy promotional opportunities for you.
Passionate exhortations by self-interested individuals
are no reason to vote Yes. Neither is the Yes-sirs’ frequent if
illogical equivalence of a Lisbon No with departure from the EU. The
Irish naysayers don’t want to leave the EU; we love the EU and the euro
just as they are; they’ve been wonderful for Ireland, so why mess with
the formula? But we don’t want to expand the EU’s powers with untold
consequences, nor create through a badly written document a treaty
lawyer’s paradise.
The final red herring is the credit crunch. The
Yes-sirs perpetrate the calumny that the EU would meet another Irish No
with economic revenge. Of course some angry EUrocrats may try to block
goodies from Ireland’s maw. But the EU is not those Brusselarians – it’s
the 500 million citizens, and of these we know the French, Dutch,
British and Germans would reject Lisbon if given the chance, so a mass
plot against Ireland is inconceivable. This empty threat is the fourth
non-reason to vote Yes.
We should reject Lisbon in our own enlightened
self-interest, but also on behalf of the unenfranchised EU half-billion.
© 2009 The Irish Times

Click on thumbnail to view published column as a JPG |
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More on this subject in a blog post
entitled
“Voting NO to
Lisbon - Again” |

Lisbon Treaty Referendum - 23 September 2009
Madam, – Tony Allwright’s view of how “Lisbon empowers
the EU to impose its own taxes” (Opinion, September 18th) is wrong in
just about every detail.
The actual position appears to be as follows: 1. The
Treaty of Lisbon amends two existing Treaties, Maastricht (Treaty on
European Union) 1992 and Rome (Treaty establishing the European
Community) 1957, both of which have themselves each undergone previous
amendment. The original version of the Treaty of Rome contained 248
Articles, but has 314 Articles in its current version. Maastricht has 53
Articles. Tony Allwright is thus incorrect in saying that “neither
(Maastricht or Rome) runs to 269 Articles”.
2. Lisbon has just seven Articles. Lisbon does not
contain any Article 259, as suggested by Mr Allwright. Lisbon Article 1
lists the amendments to be made to Maastricht and contains 61
provisions. Article 2 does the same for the Treaty of Rome and has 295
provisions. It is provision 259 of Lisbon Article 2 that amends Rome
Article 269, which deals with financing the EU budget from “own
resources” of the Union.
3. Lisbon does not introduce new powers for the EU in
respect of “own resources”. Financing of the EU’s budget from “own
resources” is a concept going back to the beginning of the EEC in 1957.
The current Rome Article 269 has a direct predecessor in Article 201 of
the 1957 version of the treaty. Both the unamended present Article 269
and its amended version require unanimity of the Council (of Ministers)
and consultation with the European Parliament for matters relating to
“own resources”.
4. Article 5 of Lisbon changes the Article numbering
of the amended Treaties of Maastricht and Rome. “Tables of equivalences”
are set out as an Annex to Lisbon. The renumbered Articles do not
constitute a separate “consolidated” treaty. The end result of Lisbon is
an amended Treaty on European Union (Maastricht) and an amended Treaty
of Rome (renamed “Treaty on the Functioning of the European Union”), in
which the amended previous Rome Article 269 becomes renumbered Article
311 (of a total of 358). Amended Maastricht has 55 Articles.
Understanding the effects of the Treaty of Lisbon is
challenging but not impossible. It is disappointing at this stage of a
vital national debate for a misinterpretation of any Article of the
Treaties to be published in your newspaper. – Yours, etc,
MICHAEL WALSH,
Bellevue Road,
Glenageary,
Co Dublin.
_________
For the record, with my sources hyperlinked, ...
Article 259 on page C306/121 of
Lisbon amends Article
269 in
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in order to create Article
311 on p238 of a so-called
“consolidated”
treaty
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which supposedly
consolidates all three treaties |
 |
but is not itself a
treaty thus has no legal force.
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| Pjtimmins's Blog
attempts to Fisk me, not in my view very convincingly. |
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Neda Agha Soltan;
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Good to report that as at
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FREED AT LAST,
ON 18th OCTOBER 2011,
GAUNT BUT OTHERWISE REASONABLY HEALTHY |
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Other books
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Click for an account of this momentous,
high-speed event
of March 2009 |
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Click on the logo
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After
48
crackling, compelling, captivating games, the new World Champions are,
deservedly,
SOUTH AFRICA
England get the Silver,
Argentina the Bronze. Fourth is host nation France.
No-one can argue with
the justice of the outcomes
Over the competition,
the average
points per game = 52,
tries per game = 6.2,
minutes per try =
13 |
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