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Indymedia ireland

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Ireland, a vital fact proven: the Lisbon Treaty is a constitution

category international | eu | opinion/analysis author Tuesday April 15, 2008 10:34author by Howard Holby Report this post to the editors

- Proof on objective basis -

The purpose of this article (see below the video) is to provide further support to the statement upheld by politicians, academic and legal experts that the Lisbon Treaty is a constitution.

The emphasis on this fact is vital because from this fact it follows that the Lisbon Treaty needs referendum not only in Ireland but in all of the 27 EU member states.
Because the Lisbon Treaty a constitution, it is crucial to understand that no constitution ever permits the act of overthrowing it, i.e never allows the act of replacing it with another one without the permission of a country's citizens. Therefore the ratification of the Lisbon Treaty without referendums in the other 26 states, is a dictatorial power-grab over Europe. (Please see the document referred at the end of the article.)

With this article we wish to call Ireland to Vote NO to Lisbon Treaty!
Vote NO to a constitution that establishes a dictatorial federal regime with powers over all Europe.




Ireland, a vital fact proven: the Lisbon Treaty is a constitution
*** Everyone - any individual or organisation - is encouraged to forward this document and the references to other individuals, campaigns and organisations, distribute, publish in whole or parts of the article, adapted or unchanged, with or without reference to or acknowledgement of its source.

The Lisbon Treaty is a constitution laying down the foundations of a new political state under the name of “European Union”. This new political state founded by the Lisbon Treaty is a federal union, in which the member states would become non-sovereign political units. A nation’s constitution stipulates the rights and obligations pertaining to the status of being a citizen of the respective nation. When national sovereignty is surrendered to a higher authority than the one representing the nation, this implies the direct and indirect loss of rights and privileges attached to a particular citizenship of a formerly sovereign state. Therefore, in order to meet the minimal requirement of a lawful and democratic process of the establishment of a new federal union, i.e. in order to respect the rights of the citizens as per the current social contracts (national constitutions) between them and their nation, and whose voting rights and other citizen rights would be attached to and enforced by the new Union under the Lisbon Treaty, should be asked by a referendum on their approval of giving up their nation’s sovereignty.

Fact 1: The definition of the word “constitution”:
Set of doctrines and practices that form the fundamental organizing principle of a political state. It may be written (e.g., the Constitution of the U.S.) or partly written and uncodified (e.g., Britain's constitution). Its provisions usually specify how the government is to be organized, what rights it shall have, and what rights shall be retained by the people. A constitution is also referred to as a social contract between a state and its citizens.

Fact 2: The definition of a political “state”:
Political organization of society, or the body politic, or, more narrowly, the institutions of government. The state is distinguished from other social groups by its purpose (establishment of order and security), methods (its laws and their enforcement), territory (its area of jurisdiction), and sovereignty. In some countries (e.g., the U.S.), the term also refers to non-sovereign political units subject to the authority of the larger state, or federal union.

Fact 3: The definition of a political “federal” and “union”:
Federal: 1) of or relating to a compact or treaty, 2 a): formed by a compact between political units that surrender their individual sovereignty to a central authority but retain limited residuary powers of government b): of or constituting a form of government in which power is distributed between a central authority and a number of constituent territorial units c): of or relating to the central government of a federation as distinguished from the governments of the constituent units.
Union: the formation of a single political unit from two or more separate and independent units; a political unit constituting an organic whole formed usu. from previously independent units, which have surrendered their principal powers to the government of the whole or to a newly created government (as the U.S. in 1789).

Fact 4: The definition of “state's rights” within a federal union
All government rights or powers held by the individual states of a federal union under the provisions of a federal constitution. In some federally organized countries, these powers are those that remain after the powers of the central government are enumerated in the constitution. In others, the powers of both levels of government are defined in their respective constitutions. The federal government can influence state policy even in areas that are constitutionally the purview of the states (e.g., education, local road construction) through withholding funds from states that fail to comply with its wishes.
(All definitions are from the Encyclopædia Britannica.)

After matching the Lisbon Treaty to the definitions above – one by one – the result is the following:

Fact 1 : The Lisbon Treaty is a constitution, because it is a written set of doctrines and practices that form the fundamental organizing principle of a political state. The Lisbon Treaty is a constitution because its provisions specify how the EU-state as a federal government is to be organized, what rights it shall have, and what voting and other rights shall be retained by the people. The Lisbon Treaty lays down the provisions for the political organization of the society of the current member states, the body politic of, or, more narrowly, the institutions of a new government. The Lisbon Treaty is a social contract between the EU as state and its citizens, the citizens of the Union.

Fact 2 : As per the constitution called Lisbon Treaty, the European Union is to become a state because it is distinguished from other social groups by its purpose: by its establishment of order and security; its methods, by its own laws and their enforcement; by its own territory or area of jurisdiction: the borders specified as per the schengen agreements, and its sovereignty. The European Union will be a sovereign state in terms of its physical borders, its sovereign foreign policy representation in international matters by the “high representative”, its own domestic market regulated by the Union, its own currency and central bank, its own monetary policy regulating the Union’s economy as a whole, its own citizens with obligations to the EU as a central authority, by its own representation of the Union citizens: the European Parliament, by its own security policy, its own defense strategies based on its own perception of “international threats and security”, etc.
“This treaty gives the EU the constitutional form of a state. These are the ten most important things the Lisbon Treaty does: 1. It establishes a legally new European Union in the constitutional form of a supranational European State. 2. It empowers this new European Union to act as a State vis-a-vis other States and its own citizens. 3. It makes us all citizens of this new European Union. 4. To hide the enormity of the change, the same name – European Union – will be kept while the Lisbon Treaty changes fundamentally the legal and constitutional nature of the Union. 5. It creates a Union Parliament for the Union's new citizens. 6. It creates a Cabinet Government of the new Union. 7. It creates a new Union political President. 8. It creates a civil rights code for the new Union's citizens. 9. It makes national Parliaments subordinate to the new Union. 10. It gives the new Union self-empowerment powers. ("These Boots Are Gonna Walk All Over You" - An analysis by the Irish Professor, Anthony Coughlan”, source: http://www.brusselsjournal.com/node/2773 )

Fact 3 : The Lisbon Treaty is a federal constitution establishing a new political organization in the form of a union and on the basis of an international agreement, incorporating 27 currently sovereign nations. As per the provisions of the federal constitution called Lisbon Treaty, the new state to be established is a federal union (=superstate) by a compact between political units that surrender their individual sovereignty to a central authority but retain limited residuary powers of government. The EU constitutes a form of government in which power is distributed between a central authority (the EU institutions) and a number of constituent territorial units (the member states). The central government of the federation is called “federal” as distinguished from the governments of the constituent units (“states”).

Fact 4 : In accordance with the above, if the Lisbon Treaty would be ratified, the member states would lose their national sovereignty, and accordingly the citizens would lose their current citizen rights and would be subject to obligations to a new authority. In such context the term "state", whenever used for the EU member states, would refer to non-sovereign political units (e.g., similarly to the states of the U.S.) subject to the authority of the larger state, the federal European Union. The Lisbon Treaty, as a federal constitution, stipulates all government rights and powers held by the individual states of the European Union. Typically of the federally organized countries, these powers are those that remain after the powers of the central government are enumerated in the constitution. (In others, the powers of both levels of government are defined in their respective constitutions.) The federal government of the EU can influence state policy even in areas that are constitutionally the purview of the states (e.g., education, local road construction) through withholding funds from states that fail to comply with its wishes.

Main reference:
"Lisbon Treaty explained by political science: an equivalent of coup d’état"
- Call to the nations to restore democracy and constitutional status in Europe
- Call to Ireland to Vote NO to Lisbon Treaty
http://www.indymedia.ie/article/86544#comment225605

(also see references after the referred document)

Related Link: http://www.indymedia.ie/article/86544#comment225605

 #   Title   Author   Date 
   what an odd feeling,     Jacob    Tue Apr 15, 2008 12:05 
   UKIP xenophobes wrong again     Desmond O'Toole    Sat Apr 19, 2008 15:38 
   Europe     keeper    Sat Apr 19, 2008 17:35 
   spilling beans     reader    Sun Apr 20, 2008 00:35 
   world government?     anti keeper    Mon Apr 21, 2008 04:04 
   More info on the Lisbon Treaty research     Howard Holby    Tue Apr 29, 2008 08:31 
   Grassroots strategy for a NO vote     NingúnOtro    Fri May 02, 2008 01:18 
   Quick tip     cropbeye    Sat May 10, 2008 20:50 
   grassroots canvass     plodder    Sat May 10, 2008 23:40 
 10   No big deal     Law student    Sun May 11, 2008 01:04 
 11   Iwould lose rights     mother    Sun May 11, 2008 19:00 
 12   Other signs of abolishing democracy under Lisbon     Howard Holby    Wed May 14, 2008 13:44 


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