A bird's eye view of the vineyard
How Syrian Kurds dropped Marx and adopted communalism Mon May 02, 2016 17:58 | The Saker
by Claudio Gallo Debbie is not only the daughter of Murray Bookchin, the theorist of Communalism. She is a journalist and writer: in 2004, she wrote, together with Jim Schumacher,
The Calm Before the Coming Global Storm Mon May 02, 2016 17:13 | The Saker
by Pepe Escobar for Sputnik News Major turbulence seems to be the name of the game in 2016. Yet the current turbulence may be interpreted as the calm before the
Germany SITREP May 2nd, 2016 by C. Mon May 02, 2016 17:13 | Scott
Satire in Germany attacking Erdogan and Turkish politics Lately there has been a lot of controversy in Germany over the issue of political satire criticising Erdogan and his regime in
Nine theses about the war we are engaged in Mon May 02, 2016 01:35 | The Saker
by: Rostislav Ishchenko Translated by Seva Source: http://www.e-news.su/mnenie-i-analiti... On April 27-28, the Russian Defense Ministry held an international conference on security. I participate in a panel discussing ?color revolutions?. The
Kolomna near Moscow home of ancient monasteries, churches, giant dogs, and movies, by Scott Mon May 02, 2016 00:28 | Scott
Kolomna is an ancient city of Moscow Oblast, Russia, situated at the confluence of the Moskva and Oka Rivers, 114 kilometers southeast of Moscow. More than 70 movies were made
The Saker >>
PhD studentships at DCU Fri Apr 29, 2016 17:15 | Eoin Daly
The Role of Sport in the Recognition of Transgender and Intersex Rights Mon Apr 11, 2016 10:54 | Eoin Daly
Call for Papers: ?International and Comparative Law in the 21st Century: Lessons learned?? Wed Mar 23, 2016 17:58 | GuestPost
Call for Contributions & Engagement #directprovision16: Direct Provision 16 years on, and on, and on... Tue Mar 15, 2016 13:08 | Liam Thornton
GSOC, the legislative process, and the privacy rights of citizens: what is the law? Fri Mar 11, 2016 11:14 | admin
Human Rights in Ireland >>
For lefties too stubborn to quit
The new Seanad 19:25 Mon May 02, 2016 | WorldbyStorm
This took two months to cobble together? 11:01 Mon May 02, 2016 | WorldbyStorm
Irish Left Archive: Unity and Freedom to the Irish People! Against the Fascist Divide and Rule Anglo... 03:56 Mon May 02, 2016 | WorldbyStorm
The Fine Gael Leadership Question ? 19:04 Sun May 01, 2016 | irishelectionliterature
Singapore Straits? 16:09 Sun May 01, 2016 | WorldbyStorm
Cedar Lounge >>
Life should be full of strangeness, like a rich painting
Notes for a Book on Money and the Irish State - The Marshall Aid Program 15:10 Sat Apr 02, 2016
The Financial Crisis:What Have We Learnt? 19:58 Sat Aug 29, 2015
Money in 35,000 Words or Less 21:34 Sat Aug 22, 2015
THE WRATH OF KANE: BANKING CRISES AND POLITICAL POWER 09:32 Fri Jan 30, 2015
ALWAYS THE ARTISTS: WEEK THREE OF THE BANK INQUIRY 23:11 Thu Jan 22, 2015
Dublin Opinion >>
Alert: Government Attempts to Pass ESM with Minimal Public Debate
Wednesday June 06, 2012 12:07 by O.O'C. - National Platform EU Research & Information Centre 24 Crawford Avenue, Dublin 9 01-8305792
Today - Wednesday, & Tomorrow - Thursday
The Government will seek Dail approval of:
The Article 136 TFEU amendment to the EU Treaties which authorises the setting up of the permanent Eurozone loan fund, the European Stability Mechanism
+ A motion to approve the ESM Treaty which is authorized by this amendment
+ A motion to approve future Government spending on the ESM,
TODAY - WEDNESDAY, AND TOMORROW - THURSDAY.
A guillotined debate on the second reading of the latter Bill will take place TOMORROW.
This means that the whole business of signing up the Irish State to the ESM Treaty for the Eurozone and committing us to significant expenditure to help bail out Spain and other Eurozone countries in the coming period, could go through all stages in the Oireachtas BY THE END OF NEXT WEEK - with minimal debate in the Irish media over the long-term implications of these steps or awareness of what this all means amongst the general public.
The ESM Treaty can be downloaded from the internet - http://www.european-council.europa.eu/media/582311/05-t...2.pdf
The relation of the ESM Treaty to the Article 136 TFEU amendment to the EU Treaties authorizing it and to the Fiscal Treaty which Irish voters voted on last Friday is set out in the publication “A Tale of Two Treaties” by Cork solicitors Joe Noonan and Mary Linehan.
This can be downloaded from the internet at: http://taleoftwotreaties.tumblr.com
The letter below to the Ambassadors in Ireland of those EU States which have not yet ratified or approved the ESM Treaty or the Article 136 TFEU amendment sets out the reasons for regarding the ESM Treaty as it stands as illegal under EU law and in violation of the Irish Constitution.
A reformatted standalone version of this as explanatory text, is available here - http://www.indymedia.ie/article/101936 - "4 Reasons why the ESM Treaty is illegal".
If these measures are pushed through the Oireachtas this week and next in the way the Government proposes, the only way this profound illegality and unconstitutionality can be prevented is by President Higgins referring the relevant Bill to the Supreme Court for adjudication or by Deputy Thomas Pringle's legal team securing a relevant injunction to stop it pending a Court hearing of the issues.
Copy of letter sent individually to the Ambassadors in Ireland of European Union countries which have not yet ratified the ESM Treaty or constitutionally approved the Article 136 TFEU amendment authorizing that treaty, re Deputy Thomas Pringle's constitutional challenge to the ESM Treaty and his call for a referendum on that:
The National Platform EU Research and Information Centre
24 Crawford Avenue
Friday 1 June 2012
I am writing to you on behalf of this organisation to request you to draw your Government’s attention to the fact that the proposal to ratify the European Stability Mechanism Treaty as it stands and to approve the Article 136 TFEU amendment to the EU Treaties as authorizing the Stability Mechanism envisaged in the ESM Treaty, are unlawful under the EU Treaties and are therefore unconstitutional in Ireland and the other EU Member States.
I am writing on similar lines to the Ambassadors to Ireland of the other EU Member States which have not yet ratified the ESM Treaty or approved the Article 136 TFEU amendment.
You are doubtless aware that there are constitutional challenges to the ESM Treaty and the Article 136 TFEU amendment in your own country, in Estonia and in Ireland. In this country Independent Dáil Deputy for Donegal Mr Thomas Pringle has launched a constitutional challenge on these matters which opens in the Irish High Court on 19 June.
We are informed that Deputy Pringle’s lawyers are seeking a constitutional referendum in Ireland on the ESM Treaty. They are also claiming that the EU Treaties should be amended under a different provision of the Art.48 TEU treaty revision procedure than that being currently used if the ESM Treaty as it stands is to be lawfully ratified under EU law.
Deputy Pringle’s legal action is seeking to defend the principle that the EU is an entity governed by the rule of law in face of a political attempt to change the EU treaties by subterfuge and to open a way to transforming the present EMU into a fiscal-political union for the Eurozone.
While my colleagues and I are not involved in Deputy Pringle’s action, we and many other Irish people share his concerns that the integrity of the existing EU Treaties and the Irish Constitution be upheld in face of the attempt by some Eurozone Governments effectively to take the Eurozone captive for their own ends and to organize the Economic and Monetary Union on quite different principles from heretofore by means of this ESM Treaty.
May we respectfully request you therefore to urge your Government not to proceed with your country’s ratification of the ESM Treaty or approval of the Article 136 TFEU authorisation until the Irish Courts have ruled on the issues raised by this constitutional action.
The reasons which lead us to believe that the ESM Treaty as it stands is illegal under EU law and unconstitutional in Ireland are the following:-
1.) Article 3 TFEU of the EU Treaties which have been agreed by all 27 EU Member States provides that monetary policy for the countries using the euro is a matter of “exclusive competence” of the EU as a whole. It is not therefore open to the 17 Member States of the Eurozone to attempt effectively to diminish the competence of the Union and to establish among themselves a Stability Mechanism entailing a €700 billion permanent bailout fund to lend to Eurozone governments as envisaged in the ESM Treaty.
This ESM fund, to which Ireland would have to make significant contributions for the indefinite future, would trench profoundly on monetary policy for the euro area. The Stability Mechanism envisaged in the ESM Treaty is effectively an attempt to find a way round the “no bailouts” provision of Article 125 TFEU, whereby it is forbidden for the EU to take on the debt of Member States or for Member States to take on the debt of other Member States. It also breaches other EU Treaty articles.
The ESM Treaty if ratified as it stands would effectively amount to an attempt to open a legal-political path to what France’s President Nicolas Sarkozy called for last November, namely “A Federation for the Eurozone and a Confederation for the rest of the EU”.
A radical step of this kind, which would transform the Economic and Monetary Union from what it has been up to now, may only lawfully be taken by means of the “ordinary” treaty amendment procedure of Art.48.2 TEU. It cannot lawfully be done by means of a mere Decision of the European Council of Prime Ministers and Presidents under the “simplified” treaty amendment procedure of Art.48.6 TEU.
The latter procedure is meant to deal with minor technical amendments to the treaties, but it is currently being used by the governments of the 17 Eurozone countries in an attempt to alter radically the character of the EMU by ratifying this ESM Treaty as it stands.
2.) How can it be lawful for the ESM Treaty to permit a permanent ESM loan fund to be established for the 17 Eurozone countries when the express terms of the Article 136 TFEU amendment, agreed by all 27 EU Governments, authorises a Stability Mechanism only if that is established unanimously by the Eurozone States, as the general provisions of EU law require, viz: “THE Member States whose currency is the euro may establish a stability mechanism to be activated if indispensable to safeguard the stability of the euro area AS A WHOLE ” (emphasis in capitals added)?
The Art.136 amendment to the EU Treaties does not say that “Member States”, meaning SOME of them, may establish a Stability Mechanism, but rather “THE Member States”, namely ALL of them (In French “LES” Membres rather than “DES” Membres).
Yet the ESM Treaty which has been concluded among the 17 provides that the Stability Mechanism it envisages may come into being once States contributing 90% of the capital of the proposed fund have ratified the treaty.
The eight largest Eurozone States, a minority of the 17, can therefore establish this Stability Mechanism, while other Eurozone States that may need assistance from it badly are excluded. How then can this be a Stability Mechanism “for the euro area as a whole”, as Article 136 TFEU, which still has to be constitutionally approved by all 27 EU Member States, requires?
Likewise the so-called "Fiscal Treaty" - the Treaty on Stability, Coordination and Governance in the EMU – on which Irish voters have just voted and which cross-refers to the ESM Treaty, provides that it can come into force when it is ratified by 12 Eurozone Members. Does not this treaty also require unanimous ratification by all 17 Eurozone Members before it can be lawfully binding on them under EU law?
3.) How can the ESM Treaty be lawfully ratified by July 2012, as is the stated intention of the 17 Eurozone governments concerned, when the Article 136 TFEU amendment to the EU Treaties authorising a Stability Mechanism does not have legal effect, once it has been constitutionally approved by all 27 EU Member States, until 1 January 2013?
Does not this mean that any treaty purporting to establish an ESM before 2013 must be legally void? ESM Treaty No.1 which was signed by Eurozone Finance Ministers in July 2011 but was never sent round for ratification, conformed to the 2013 time-frame set by the Art.136 TFEU authorisation, whereas ESM Treaty No. 2 which was signed by EU Ambassadors on 2 February 2012 does not.
This shows again how the exigencies of a political response to the financial crisis by some Eurozone States puts them in breach of EU law and therefore of the Irish Constitution.
4. ) EU Member States may only sign international treaties that are compatible with EU law. The EU Court of Justice has made clear that intergovernmental agreements cannot affect the allocation of responsibilities defined in the EU Treaties. The provisions of the ESM Treaty and the Fiscal Treaty which involve the EU Commission and Court of Justice in the implementation of the proposed ESM go well beyond what is permissible under the current EU treaties and are therefore unlawful.
May I inform you that copies of this letter are being released to the Irish and international media for their information regarding the concerns which are widely shared in this country that the proposed ESM Treaty is in violation of EU law and in breach of the Irish Constitution.