Upcoming Events

National | EU

no events match your query!

Blog Feeds

The Saker
A bird's eye view of the vineyard

offsite link Hillary Clinton?s Six Foreign-Policy Catastrophes Thu Dec 12, 2019 01:56 | The Saker
by Eric Zuesse for The Saker Blog INTRODUCTION TO THIS UPDATED REPUBLICATION Though Hillary Clinton will, of course, be the direct topic here, we are now in the primaries-season for

offsite link Saker message: a thank you, a ?state of the blog? report and a ?perfect storm? warning Thu Dec 12, 2019 00:18 | The Saker
Dear friends, First, my most heartfelt gratitude to all of you Today, I want to begin by thanking you all for your donations (be they in the form of money,

offsite link Pumping Glue into the Global Systems Wed Dec 11, 2019 23:03 | amarynth
By Chris Faure – for The Saker Blog Empire is still strong, but fast becoming toast. We can only look at the very last few happenings in our world to

offsite link Is Western Media credible anymore? Wed Dec 11, 2019 21:22 | The Saker
by Prof. Engr. Zamir Ahmed Awan for The Saker Blog Western media is spreading fake news and fabricating stories with evil intentions. Western Media is biased and creating unrest and

offsite link Ukrainian Military After 5 Years Of Warfare Tue Dec 10, 2019 19:34 | Scott
https://southfront.org/ukra... Written and produced by SF Team: J.Hawk, Daniel Deiss, Edwin Watson Prior to the Maidan coup of 2014, Ukraine?s military existed in a political vacuum, suffering from benign neglect

The Saker >>

Human Rights in Ireland
A Blog About Human Rights

offsite link Latest Updates Thu Nov 21, 2019 20:32 | Human Rights

offsite link US Holds China To Account For Human Rights Violations Sun Oct 13, 2019 19:12 | Human Rights

offsite link UN Human Rights Council Should Address Human Rights Crisis in Cambodia Sat Aug 31, 2019 13:41 | Human Rights

offsite link Fijian women still face Human Rights violations Mon Aug 26, 2019 18:49 | Human Rights

offsite link Saudi Human Rights Violation Fri Aug 09, 2019 20:41 | Human Rights

Human Rights in Ireland >>

Cedar Lounge
For lefties too stubborn to quit

offsite link In spite of, not because? 11:30 Thu Dec 12, 2019 | WorldbyStorm

offsite link Endorsements in the UK General Election 09:28 Thu Dec 12, 2019 | WorldbyStorm

offsite link That General Election: Voting Day Open Thread 06:31 Thu Dec 12, 2019 | WorldbyStorm

offsite link Unintended consequence? 06:27 Thu Dec 12, 2019 | WorldbyStorm

offsite link The ROI government is out of energy? Did it ever have any? 09:47 Wed Dec 11, 2019 | WorldbyStorm

Cedar Lounge >>

Dublin Opinion
Life should be full of strangeness, like a rich painting

offsite link Some Thoughts on the Brexit Joint Report 11:50 Sat Dec 09, 2017

offsite link IRISH COMMONWEALTH: TRADE UNIONS AND CIVIL SOCIETY IN THE 21ST CENTURY 14:06 Sat Nov 18, 2017

offsite link Notes for a Book on Money and the Irish State - The Marshall Aid Program 15:10 Sat Apr 02, 2016

offsite link The Financial Crisis:What Have We Learnt? 19:58 Sat Aug 29, 2015

offsite link Money in 35,000 Words or Less 21:34 Sat Aug 22, 2015

Dublin Opinion >>

Dáil shouldn't have inferior Lisbon Treaty powers to German Parliament, controlling ministers

category national | eu | press release author Thursday July 02, 2009 19:51author by O. O'C. - National Platform EU Research & Information Centreauthor email info at nationalplatform dot orgauthor address 24 Crawford Ave. Dublin 9author phone 01 8305792 Report this post to the editors

When exercising the Lisbon Treaty’s self-amending powers, Dáil and Seanad should insist on parliamentary control over the Taoiseach and Government Ministers

Just as the German Constitutional Court requires the German Parliament to do; Ireland should not be content with a lesser standard of parliamentary control of Government Ministers than Germany if the Lisbon Treaty should be ratified.

The Government should make provision for Oireachtas control of Lisbon’s self-amending powers in legislation accompanying the Lisbon Treaty Referendum Bill.

Otherwise not only the people, but the Dail and Seanad, would be agreeing to give extraordinary powers to Ministers if the Lisbon Treaty should come into force.

The Simplified Treaty Revision Procedure proposed by Lisbon (Art.48.7, amended Treaty on European Union) would permit the Prime Ministers and Presidents on the European Council to shift European Union decision-taking from unanimity to qualified majority voting in most of the Treaty on the Functioning of the Union (TFEU), as long as they agreed this unanimously amongst themselves.

This could apply, for example, to the Treaty article dealing with harmonising indirect taxes (Art.113 TFEU), where unanimity is currently required

Lisbon also has several “bridge articles” or “ratchet-clauses“, which would allow the European Council to switch from unanimity to majority voting in certain specified areas, such as judicial cooperation in civil matters (Art.81.3 TFEU), in criminal matters (Art.83.1 TFEU), in relation to the EU Public Prosecutor (Art.86.4 TFEU) and the Multiannual financial framework (Art.312.2 TFEU).

While the Lisbon Treaty provides that National Parliaments have to be notified of shifts from unanimity to qualified majority voting in some, though not all, of these cases, National Parliaments are not required to give their formal agreement. The Taoiseach and Government Ministers would be able therefore to exercise these powers without proper parliamentary control.

Of concern also is the enlarged scope of the “Flexibility Clause” (Art.352 TFEU), whereby if the Treaty does not provide the necessary powers to enable the Union attain its very wide objectives, the Council of Ministers may take appropriate measures by unanimity.

The Lisbon Treaty would extend this provision from the area of operation of the Common Market, where it operates at present, to all of the new Union’s policies directed at attaining its much wider post-Lisbon objectives. The Flexibility Clause has been widely used to extend EU law-making over the years. The consent of National Parliaments is not required for Government Ministers to use it.

As the judgement of the German Constitutional Court states (par. 414): “To the extent that the general bridging procedure pursuant to Article 48.7(3)TEU Lisbon and the special bridging clause pursuant to Article 81.3(3) TFEU grant the national parliaments a right to make known their opposition, this is not a sufficient equivalent to the requirement of ratification. It is therefore necessary that the representative of the German Government in the European Council or in the Council may only approve the draft Resolution if empowered to do so by the German Bundestag and Bundesrat within a period yet to be determined …”

And again: ” …the silence of the Bundestag and the Bundesrat may not be construed as approval.” (par. 416)

As things stand, Ireland’s Dail and Seanad will be expected to remain silent while Irish Government Ministers exercise these extraordinary new powers at EU level in a post-Lisbon EU - unless legislation comparable to what Germany’s Constitutional Court proposes makes their actions subject to parliamentary approval in advance, and subject indirectly to the approval of Ireland’s citizens.

On Tuesday the German Constitutional Court ruled that ratification of the Lisbon Treaty would only be constitutional for Germany if parliamentary control - and indirectly citizens’ control - over German Government Ministers operating at EU level were instituted in these “self-amending: Treaty areas.

This should also be done in Ireland.

(Signed)

Anthony Coughlan
Director

Related Link: http://www.nationalplatform.org/?p=338
© 2001-2019 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy