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Referendum on Lisbon Treaty

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  • Closed Accounts Posts: 77 ✭✭Galliard


    johnnyq wrote: »
    I totally agree with you here, jawlie! People should have a direct say on the EU's policies. Their views should not be circumvented.
    ...

    Will this foreign minister represent the EU at the UN meetings? Will this impact on Ireland's right to vote on its own foreign polcy at the UN?

    I suppose you know about this bit already?

    Article 16 shall be amended as follows:

    ...

    (b) the following sentences shall be added after the first sentence: "Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.";


  • Technology & Internet Moderators Posts: 28,804 Mod ✭✭✭✭oscarBravo


    ...and...?


  • Closed Accounts Posts: 384 ✭✭jawlie


    Galliard wrote: »
    I suppose you know about this bit already?

    Article 16 shall be amended as follows:

    ...

    (b) the following sentences shall be added after the first sentence: "Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.";

    While we may well have to "consult" the European council, the result of our consultation is that we have to do as they instruct. "Member States shall show mutual solidarity". Indeed. it sounds more like the chilling language of the former USSR, rather than a modern democracy.

    According to Libertas, another article in the treaty states that "No provision of this constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by membership of the European Union, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State."

    In a democracy, the power invested in an government should be vested in them only with appropriate checks and balances.

    By voting "yes" to this treaty, we are effectively agreeing that our government and constitution are subservient to the institutions of the EU. We don't get a second chance to change our minds as once we agree this ( by voting "yes" to the lisbon treaty), we are saying that for evermore our constitution and laws, in many areas, are no longer in our hands, but are in the hands of the EU.

    Voting "No" is the only intelligent position.


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    jawlie wrote: »
    In a democracy, the power invested in an government should be vested in them without appropriate checks and balances.

    Voting "No" is the only intelligent position.

    Good Lord! Based on your first statement, your second is hardly authoritative.

    amused,
    Scofflaw


  • Subscribers Posts: 4,076 ✭✭✭IRLConor


    jawlie wrote: »
    According to Libertas, another article in the treaty states that "No provision of this constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by membership of the European Union, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State."

    That's not part of the treaty. It's part of our constitution and has been for a very long time.


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  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    jawlie wrote:
    According to Libertas, another article in the treaty states that "No provision of this constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by membership of the European Union, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State."

    Amazing. You're as tragically behind the times as they are - I suggest you check Bunreacht, the existing version, where you will find that the text above is Article 29.4.10. It's been in place since we first joined.

    Once again I recommend basic fact checking, but more basic than last time. Evidently Libertas could do with it too - although in their case perhaps they are simply being dishonest.

    amused again,
    Scofflaw


  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    jawlie wrote: »
    Quite plainly you did not suggest it and I didn't mean to imply you did suggest this.

    Sorry jawlie but when I saw my name quoted I assumed otherwise! :o

    johnnyq wrote:
    People should have a direct say on the EU's policies. Their views should not be circumvented.
    scofflaw wrote:
    Which is why you have an MEP.

    Perhaps I should clarify: people should have a direct say on the *scope* of the EU's policies.

    My MEP should represent my view on each policy of the EU, NOT that the MEP decides what policies the EU should have.

    Example: EU institutions propose that the EU institutions should have authority in X area. Members of institutions agree to such authority. Am I the only one with problems with this system of governance?!
    scofflaw wrote:
    Let me try asking this question again - do you believe the only possible way to be 'accountable' is by being elected? If so, why do we not elect our judges, senior Gardai, etc?

    Sorry scofflaw, I didn't realise you already asked me this! :o

    I obviously don't agree with this statement for the reasons you provided earlier. I don't however, believe that the EU institutions should be accountable onto themselves! Are the guards accountable to themselves?

    I see loopholes like Article 308 as equivalent of letting the oireachtas to "extend" its powers given to it under the constitution by its own vote.

    Let the EU ask to extend its admirable (being sincere) policies through its legal bases and powers by asking the people directly, not through sneaky loopholes.
    Galliard wrote:
    Article 16 shall be amended as follows:

    ...

    (b) the following sentences shall be added after the first sentence: "Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.";

    thanks Galliard, no I haven't seen it before (see all the study i have to do:D),
    but on first reading again I'm concerned about the Union asserting its interests potentially in areas brought in through loopholes. I want a direct vote on ALLthe areas the EU wants to assert its interests and how that is to be achieved.


  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    johnnyq wrote:
    People should have a direct say on the EU's policies. Their views should not be circumvented.
    scofflaw wrote:
    Which is why you have an MEP.

    Again another article
    (admittedly biased) which I'm afraid makes me inclined to vote NO (assuming the events that happened are true!)
    article wrote:
    A damaging blow to democracy
    05.03.2008 - 09:30 CET | By Thomas Rupp

    EUOBSERVER / COMMENT - I am largely disillusioned with democracy - especially on a European level - so I believed that nothing could really shock me any more. But recently I was proven wrong by the European Parliament.

    On 20 February the parliament approved the Lisbon Treaty – in itself an unsurprising move.

    I had not expected a critical stance on the fact that they are about to ratify a document that is more or less the same as the EU Constitution, which was already rejected by the French and the Dutch voters.

    But these are all minor democratic flaws compared with what happened that day in Strasbourg.

    The basis of the debate was the so called "Corbett-de Vigo Report on the Lisbon Treaty", and there were amendments to this report, which had to be voted on before the whole treaty was put to a vote.

    One of these amendments - Amendment No. 32 - asked that the European Parliament "undertake to respect the outcome of the referendum in Ireland."

    In other words: Should the European Parliament respect the result of the Irish referendum on the Lisbon Treaty, which is likely to be held in June 2008?

    This amendment was rejected by 499 MEPs. Only 129 voted in favour of this motion and 33 abstained.

    As the whole procedure was a roll-call vote, it is easy how individual MEPs voted on this amendment. What strikes me most is the fact, that even an Irish MEP - Proinsias de Rossa - voted not to respect the referendum held by his fellow Irishmen.

    This is in effect to tell the Irish people that the European Parliament does not care what they say on the Lisbon Treaty - a further step in the decline of a democratic culture in the European Union, if it ever existed at all.

    After the final vote on the Lisbon Treaty the president of the European Parliament, Hans-Gert Poettering, delivered a text-book example of hypocrisy. He said after the self-congratulating applause by the parliamentarians:

    "A vast majority of you have voted in favour of the Lisbon Treaty. This is an expression of the free will of the peoples you represent. I'd like to congratulate you on this convincing result. This European Parliament represents the people of Europe, this treaty gives the European Union the ability to function properly and this treaty gives it more democracy. And we defend the common values of Europe and" – referring to a few protesting MEPs - "we shall never allow loud noise to override sensible arguments."

    In the context of the incident this quote to me sounds like pure sarcasm.

    In their quest to ratify this treaty at any cost, a majority of MEPs lost any respect for democracy and the people they ought to represent.

    They are using their mandate which was given to them by democratic means to seriously damage democracy.

    The author is the coordinator of the European Referendum Campaign


    I don't want to vote for a europe that won't even accept the result of a democratic vote. :(


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    johnnyq wrote: »
    Perhaps I should clarify: people should have a direct say on the *scope* of the EU's policies.

    My MEP should represent my view on each policy of the EU, NOT that the MEP decides what policies the EU should have.

    Example: EU institutions propose that the EU institutions should have authority in X area. Members of institutions agree to such authority. Am I the only one with problems with this system of governance?!

    Hmm. I would, I think, if they existed. Do you think that's how the EU operates? The EU decides it should have authority over dog licences, and gives itself authority over dog licences?
    johnnyq wrote: »
    Sorry scofflaw, I didn't realise you already asked me this! :o

    I obviously don't agree with this statement for the reasons you provided earlier. I don't however, believe that the EU institutions should be accountable onto themselves! Are the guards accountable to themselves?

    No, the guards are accountable, in the final analysis, to your elected representatives in the Dail. The COmmissioners are accountable to your elected representatives in the European Parliament. What exactly is the difference there?
    johnnyq wrote: »
    I see loopholes like Article 308 as equivalent of letting the oireachtas to "extend" its powers given to it under the constitution by its own vote.

    Let the EU ask to extend its admirable (being sincere) policies through its legal bases and powers by asking the people directly, not through sneaky loopholes.

    In order for the EU to "give itself" the power to do anything, it must be accepted by the national governments of the member states. By itself, the EU has virtually no power at all - it has a tiny bureaucracy (smaller than ours), and 90%+ of everything it does is done through the national civil services.

    The EU can issue a directive like the Nitrates Directive, but it doesn't mean a thing until the Irish government have turned it into Irish law - and before that, the member states have to have agreed that the Nitrates Directive is within the powers they have granted to the EU.
    johnnyq wrote: »
    thanks Galliard, no I haven't seen it before (see all the study i have to do:D),
    but on first reading again I'm concerned about the Union asserting its interests potentially in areas brought in through loopholes. I want a direct vote on ALLthe areas the EU wants to assert its interests and how that is to be achieved.

    Hmm. You might want to read up a bit on where EU competences come from. The EU cannot grant itself powers - its 'constitution' does not permit it, and its member states would not allow it to.

    cordially,
    Scofflaw


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    johnnyq wrote: »
    Again another article
    (admittedly biased) which I'm afraid makes me inclined to vote NO (assuming the events that happened are true!)

    I don't want to vote for a europe that won't even accept the result of a democratic vote. :(

    Aagh. This one really does irritate me, I'm afraid. The EP has no choice whatsoever but to respect the result of the Irish referendum. The amendment in question was a complete stunt, which was tacked into the middle of something else, in order to give the eurosceptics something to manufacture hysteria over. It was also, at root, an incredibly dangerous ploy.

    If the European Parliament passed an amendment that they 'respected' the result of the Irish referendum, they would be setting a legal precedent. That legal precedent would be that, by passing such an amendment, they would imply that they had the right to respect or not respect the result.

    They have no such right, and are not entitled to arrogate themselves such a right. Therefore they could not pass an amendment that suggested they did have such a right.

    To claim that they did not pass the amendment because they did not respect the Irish referendum result is the exact opposite of the truth.

    cordially,
    Scofflaw


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  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    Scofflaw wrote:
    Do you think that's how the EU operates? The EU decides it should have authority over dog licences, and gives itself authority over dog licences?

    On the whole, no I don't think the EU normally has to resort to this form of operation because most of its actions are totally reasonable.
    To take your example, if the EU wanted to harmonise dog licences i would have no problems with this.
    So.....
    Place this objective into the treaty like they have with common policing etc...
    Why is there the need for Article 308 then?
    The line... if Treaties have not provided the necessary powers,the Council shall take the appropriate measures.
    What are these appropriate measures?

    If one country banned pit-bull terriors does this mean for the sake of harmonisation of dog licences that an appropriate measure would be to ban pit-bulls across the union?!

    So, the government minister may have a vote here. He decides to agree to this measure as a bargaining exchange for another measure he's more interested in.

    And in this extreme example you have powers conferred to an authority, which were not as intended. I already provided an example of this article being used as a catchall even with the 'common market' exclusion in place.
    scofflaw wrote:
    Aagh. This one really does irritate me, I'm afraid. The EP has no choice whatsoever but to respect the result of the Irish referendum. The amendment in question was a complete stunt, which was tacked into the middle of something else, in order to give the eurosceptics something to manufacture hysteria over. It was also, at root, an incredibly dangerous ploy.

    Thanks for providing this perspective! At least the EU may not have turned into a monster just yet ;)

    I am curious though are the parts I highlighted especially the quote from Hans-Gert Poettering true or accurate? Because even still there is some irony there.


  • Subscribers Posts: 4,076 ✭✭✭IRLConor


    johnnyq wrote: »
    The line... if Treaties have not provided the necessary powers,the Council shall take the appropriate measures.

    Since it's the Council they talk about rather than the Commission it's important to remember what the Council is: it's a meeting of all of the ministers responsible for the area in which the council is discussing. All but one of them are directly elected by the people of the member states (are any ministers in other EU countries not members of their respective parliaments?).

    So, as I read it, the section you're worried about:
    If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not provided the necessary powers,the Council , acting unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures. Where the measures in question are adopted by the Council in accordance with a special legislative procedure, it shall also act unanimously on a proposal from the Commission and after obtaining the consent of the European Parliament.

    essentially reads:
    If the EU needs to do something and it doesn't have the power to do so as set out in the Treaties, then it can act if:
    1. The Commission proposes an action.
    2. The ministers whose department covers the area of the action unanimously agree on the action.
    3. The European Parliament gives consent for that action.

    Given the requirements I'm pretty confident that this method could only be used if there was broad agreement. Obviously, an Irish minister could vote for a measure which was against the will of the people of Ireland but I fail to see how this is any more dangerous than that minister acting against the will of the people of Ireland in the Dail.


  • Subscribers Posts: 4,076 ✭✭✭IRLConor


    johnnyq wrote: »
    I am curious though are the parts I highlighted especially the quote from Hans-Gert Poettering true or accurate? Because even still there is some irony there.

    If you're referring to:
    A vast majority of you have voted in favour of the Lisbon Treaty. This is an expression of the free will of the peoples you represent. I'd like to congratulate you on this convincing result. This European Parliament represents the people of Europe, this treaty gives the European Union the ability to function properly and this treaty gives it more democracy. And we defend the common values of Europe and we shall never allow loud noise to override sensible arguments.

    I fail to see any irony or hypocrisy. I have no idea whether it is an accurate quotation or not as all the references to it that I can find with Google point to the article you quoted.


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    johnnyq wrote: »
    Do you think that's how the EU operates? The EU decides it should have authority over dog licences, and gives itself authority over dog licences?
    On the whole, no I don't think the EU normally has to resort to this form of operation because most of its actions are totally reasonable.
    To take your example, if the EU wanted to harmonise dog licences i would have no problems with this.
    So.....
    Place this objective into the treaty like they have with common policing etc...
    Why is there the need for Article 308 then?
    The line... if Treaties have not provided the necessary powers,the Council shall take the appropriate measures.
    What are these appropriate measures?

    If one country banned pit-bull terriors does this mean for the sake of harmonisation of dog licences that an appropriate measure would be to ban pit-bulls across the union?!

    So, the government minister may have a vote here. He decides to agree to this measure as a bargaining exchange for another measure he's more interested in.

    And in this extreme example you have powers conferred to an authority, which were not as intended. I already provided an example of this article being used as a catchall even with the 'common market' exclusion in place.

    Hmm. No, not really. If we extend my rather silly example, it would be where the EU has been given the 'regulation of dogs' as part of one of its competences, but does not have the power to issue dog licences. Assuming there was some perceived need to issue EU dog licences, what it would do is:

    1. determine whether legally the power to issue dog licences followed from the competence of 'regulation of dogs' (because the Union may not act outside its competences), and

    2. determine whether this was action that could be better taken at an EU level as opposed to a national level (because the EU must obey the principle of subsidiarity)

    If the EU found that an EU-wide dog licence was indeed part of the powers the member states had intended to come under 'regulation of dogs', and that an EU-wide scheme was in fact more appropriate than national schemes, it could then give itself the power to issue EU dog licences. However, that decision would be subject to challenge by any member state that felt that either this wasn't within the 'regulation of dogs' competence, or that the matter would be better handled at the national level.

    Assuming there were no such challenges, what would probably actually be produced would be either a separate EU dog licence that would be of effect in every EU country, or a template that all national dog licences would thereafter be based on - because the EU bureaucracy is too small to actually engage a fair fraction of it in issuing dog licences.

    So, first and foremost, the EU can only give itself powers within its competences - that is, give itself the necessary powers to regulate what it has been decide it can regulate.

    It cannot at any point decide to regulate something it has not been given the power to regulate by the national governments - and even within its competences, it is required to leave to the national governments those things that the national governments feel are better regulated at the national level. one of the improvements in the Treaty is an easier mechanism for doing this than going to court every time.
    johnnyq wrote: »
    Thanks for providing this perspective! At least the EU may not have turned into a monster just yet ;)

    TBH, I find it quite bizarre the way people see the EU as a monster that's taking over the European countries, when the EU is actually simply a way for the EU countries to do in common those things they think are best done in common.
    johnnyq wrote: »
    I am curious though are the parts I highlighted especially the quote from Hans-Gert Poettering true or accurate? Because even still there is some irony there.

    What, in the MEPs who are elected all across Europe regarding themselves as representing voters all across Europe? In what way would that be ironic?

    I think a lot of people don't take MEP elections at all seriously, or even vote in them, and then whinge about how they're not being represented in Europe. I have the same lack of sympathy for them I have for people who don't vote in Dail elections, and then complain the government doesn't represent their views. What do they expect?

    On the other hand, there is, I'm afraid, a certain irony in your following up that piece, on how the only Europe-wide representative body voted for the Treaty, by saying "I don't want to vote for a europe that won't even accept the result of a democratic vote".

    cordially,
    Scofflaw


  • Closed Accounts Posts: 384 ✭✭jawlie


    jawlie wrote: »
    While we may well have to "consult" the European council, the result of our consultation is that we have to do as they instruct. "Member States shall show mutual solidarity". Indeed. it sounds more like the chilling language of the former USSR, rather than a modern democracy.

    According to Libertas, another article in the treaty states that "No provision of this constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by membership of the European Union, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State."

    In a democracy, the power invested in an government should be vested in them only with appropriate checks and balances.

    By voting "yes" to this treaty, we are effectively agreeing that our government and constitution are subservient to the institutions of the EU. We don't get a second chance to change our minds as once we agree this ( by voting "yes" to the lisbon treaty), we are saying that for evermore our constitution and laws, in many areas, are no longer in our hands, but are in the hands of the EU.

    Voting "No" is the only intelligent position.

    I should not, of course, have posted, after a exceptionally good dinner with friends complete with wine and post prandial brandy, and apologies for that.

    The quote of course comes from the Irish constitution and shows even more the danger of handing over powers which we currently control via our elected representatives to the unelected president of the commission and the unelected commissioners. Again, it is a very important reason for us to vote "NO" to this treaty and stop further powers from being transferred irrevocably out of our democratic control


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    jawlie wrote: »
    I should not, of course, have posted, after a exceptionally good dinner with friends complete with wine and post prandial brandy, and apologies for that.

    The quote of course comes from the Irish constitution and shows even more the danger of handing over powers which we currently control via our elected representatives to the unelected president of the commission and the unelected commissioners. Again, it is a very important reason for us to vote "NO" to this treaty and stop further powers from being transferred irrevocably out of our democratic control

    Oh come on, jawlie - surely you can do better than just slogans? You won't address the point that any power that our government 'transfers' to the EU remains (a) under the oversight of our government; (b) under the oversight of our elected MEPs; and (c) isn't simply handed to the Commission to play with like a new toy in any case - the Commission only initiates legislation. And the EU is a heck of a lot more transparent than the Dáil - just try getting voting records for your TD as opposed to your MEP and you'll soon see that.

    regards,
    Scofflaw


  • Registered Users Posts: 300 ✭✭WillieFlynn


    jawlie wrote: »
    By voting "yes" to this treaty, we are effectively agreeing that our government and constitution are subservient to the institutions of the EU. We don't get a second chance to change our minds as once we agree this ( by voting "yes" to the lisbon treaty), we are saying that for evermore our constitution and laws, in many areas, are no longer in our hands, but are in the hands of the EU.

    All international treatys override national law, otherwise they would not work. In many cases this is a positive feature.


  • Registered Users Posts: 300 ✭✭WillieFlynn


    Scofflaw wrote: »
    TBH, I find it quite bizarre the way people see the EU as a monster that's taking over the European countries, when the EU is actually simply a way for the EU countries to do in common those things they think are best done in common.

    I agree.

    And in many cases the Irish ministers and MEP vote in favor of some thing an then come home and blame the EU for it, if it is not popular. The duty free fasco a few years a go was a good example.


  • Registered Users Posts: 300 ✭✭WillieFlynn


    jawlie wrote: »
    The quote of course comes from the Irish constitution and shows even more the danger of handing over powers which we currently control via our elected representatives to the unelected president of the commission and the unelected commissioners. Again, it is a very important reason for us to vote "NO" to this treaty and stop further powers from being transferred irrevocably out of our democratic control
    The EU is democratic,
    • MEP are directly ellected,
    • The council of ministers are members of our directly ellected governments.
    • The EU commision are appointed by our directly ellected governments in the same way that posts are appointed to many bodies which have governing powers within Ireland. Secondly they have to work with the MEPs and council of ministors to make changes.

    So if you feel that the EU is undemocratic then this country is just as bad and therefore we are not shifting power from a democratic body to an undemocratic one.


  • Registered Users Posts: 300 ✭✭WillieFlynn


    jawlie wrote: »
    By voting "yes" to this treaty, we are effectively agreeing that our government and constitution are subservient to the institutions of the EU. We don't get a second chance to change our minds as once we agree this ( by voting "yes" to the lisbon treaty), we are saying that for evermore our constitution and laws, in many areas, are no longer in our hands, but are in the hands of the EU.

    Voting "No" is the only intelligent position.
    This is as it should be.

    When you think about it makes sense. I Ireland were to make a treaty with another country, we would want them to stick to that agrement even if conflicted with one of their domestic laws.

    we are also subject to other similar agrements, such as the good friday agreement. It also overrides our consitution in a similar manner to the EU treties I didn't hear many people complaing then, including people who are now using this argument in the no campain for the Lisbon tready.


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  • Closed Accounts Posts: 384 ✭✭jawlie



    When you think about it makes sense. I Ireland were to make a treaty with another country, we would want them to stick to that agrement even if conflicted with one of their domestic laws.

    .

    There is a subtle, but nonetheless crucial difference to your analogy and what we are being asked to do by voting yes to the lisbon treaty.

    In a bi lateral agreement between two countries, say the good friday agreement which you mention, (i) no where in that document does it bind us to be denied the right to change the terms of that agreement, (whether by negotiation or otherwise) in the future or (ii) no where is that document does it include us handing over power on the way in which we are governed, and additionally deny us the right to change that in the future if we don't like it. The lisbon treaty says that, once we hand over the powers which it demands, we will never again have the right to take them back.
    The EU is democratic,
    • MEP are directly ellected,
    • The council of ministers are members of our directly ellected governments.
    • The EU commision are appointed by our directly ellected governments in the same way that posts are appointed to many bodies which have governing powers within Ireland. Secondly they have to work with the MEPs and council of ministors to make changes.

    So if you feel that the EU is undemocratic then this country is just as bad and therefore we are not shifting power from a democratic body to an undemocratic one.

    I think we all have to decide for ourselves where the power resides in the EU and I am afraid, for many , simply being "appointed" by our governments is not the same thing as being democratically elected by universal sufferage.

    At the risk of repeating myself,
    jawlie wrote: »

    The proposed "president of the commission" (the clue is in the title) is de facto a super commissioner much in the way that the taoiseach is a super minister. ( If one was to read the constitutional position regarding the powers of the taoiseach and then observed the way, in practice, the office has evolved more into something akin to a monarch, where the only power we have over him is to remove him every few years, it's not hard to understand why many have the same fears for the president and commission)

    The commission, and the president of the commission, have powers to propose new powers and initiate legislation, to enact delegated legislation, to represent the EU in external relations and to implement EU policies and supervise their implementation by the member states. Additionally, the president himself (much like our taoiseach), selects which commissioners will hold which portfolio. The commission sets the overall budget for the EU and the president of the commission has an important and influential position, being responsible for policy initatives, shaping overall commission policy, coordinating commission policy, and has the power (just like our taoiseach) to "request" a member of the commission to resign. Also like our taoiseach, he can reshuffle his commission on a whim.

    the areas where the commissioners have competence over the EU include agriculture, fisheries, transport, energy, research, environment, the internal market, competition, employment & social affairs, taxation and custome union, education & culture, trade, external relations and justice and home affairs.

    In every way the president of the commission and the commissioners seem to have the same powers at EU level that our taoiseach and his cabinet have at national level. The commission even has 25 000 permanent staff, equivalent to our civil service.

    The main difference between the president and the commission, and the taoiseach and the irish cabinet, is that the taoiseach and his cabinet are elected by us as Irish citizens while the president and the commissioners are not elected by a single vote of a citizen of any EU country.

    We all have to decide these things for ourselves and if you are happy that the unelected president of the commission and all the commissioners should have all this power and not be elected by the citizens of the EU, then vote yes with a clear and happy conscience, and lets hope you don;t change your mind in the future becasue once we vote yes, we will never be able to get back the powers we are giving up.

    For many of us this is a very strong reason to vote "no" and I urge anyone who has even the smallest doubt to vote no.


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    jawlie wrote: »
    There is a subtle, cut nonetheless crucial difference to your analogy and what we are being asked to do by voting yes to the lisbon treaty.

    In a bi lateral agreement between two countries, say the good friday agreement which you mention, (i) no where in that document does it bind us to be denied the right to change the terms of that agreement, (whether by negotiation or otherwise) in the future or (ii) no where is that document does it include us handing over power on the way in which we are governed, and additionally deny us the right to change that in the future if we don't like it. The lisbon treaty says that, once we hand over the powers which it demands, we will never again have the right to take them back.

    1. We are not being asked to do "this" in the Lisbon Treaty. It's already part of our Constitution, and has been for decades. Why is it necessary to keep repeating this?

    2. The EU does have a mechanism for national governments to take back powers from the EU - treaties. Any EU treaty whatsoever can contain a withdrawal of competence from the EU.

    3. The Lisbon Treaty actually contains a formal mechanism for complete withdrawal from the EU.

    regards,
    Scofflaw


  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    Scofflaw wrote: »
    Hmm. No, not really. If we extend my rather silly example, it would be where the EU has been given the 'regulation of dogs' as part of one of its competences, but does not have the power to issue dog licences.

    Let me stop you there, why would the EU have 'regulation of dogs' as a competency yet not have the power to issue dog licences? That makes no sense.
    If the EU wanted this competency - it would place it in the treaty.
    Next, the treaty should outline the means the EU wanted to achieve this. E.g. by listing the powers it feels it needs - power to issue licences.

    I don't want a catchall which could allow the EU to regulate dogs e.g. by banning pit-bull terriors.

    Edit: Could this be used as a means for the national governments to bring in their unpopular legislation that could collapse their government at home? The idea that the EU made us do it? It does seem convenient that in the council of ministers there is no opposition to air reasonable concerns.

    What's so wrong with the EU listing the powers it thinks it will need in the treaty?
    scofflaw wrote:
    Assuming there was some perceived need to issue EU dog licences, what it would do is:

    1. determine whether legally the power to issue dog licences followed from the competence of 'regulation of dogs' (because the Union may not act outside its competences), and

    2. determine whether this was action that could be better taken at an EU level as opposed to a national level (because the EU must obey the principle of subsidiarity)

    If the EU found that an EU-wide dog licence was indeed part of the powers the member states had intended to come under 'regulation of dogs', and that an EU-wide scheme was in fact more appropriate than national schemes, it could then give itself the power to issue EU dog licences. However, that decision would be subject to challenge by any member state that felt that either this wasn't within the 'regulation of dogs' competence, or that the matter would be better handled at the national level.

    How could the 'regulation of dogs' competency be up for discussion in the first place if it is included in the treaty?

    Anything else about national vs. EU implementation can be sacrificed in political rangling.
    -Scofflaw wrote:
    What, in the MEPs who are elected all across Europe regarding themselves as representing voters all across Europe? In what way would that be ironic?

    Poettering's comment said that:
    "A vast majority of you have voted in favour of the Lisbon Treaty. This is an expression of the free will of the peoples you represent."

    Yet the people of France and Holland rejected the Lisbon Treaty already plus the 10% extra about the EU Constitution, and somehow by ignoring previous results and not letting the rest of the people themselves vote on this important document the EU is representing the free will of its peoples?!?

    It's one thing to say that the turkeys are voting for Christmas, but here we're talking about the butcher voting for them. It's madness!

    Scofflaw wrote:
    I think a lot of people don't take MEP elections at all seriously, or even vote in them, and then whinge about how they're not being represented in Europe. I have the same lack of sympathy for them I have for people who don't vote in Dail elections, and then complain the government doesn't represent their views. What do they expect?

    :eek:
    Scofflaw wrote:
    On the other hand, there is, I'm afraid, a certain irony in your following up that piece, on how the only Europe-wide representative body voted for the Treaty, by saying "I don't want to vote for a europe that won't even accept the result of a democratic vote".

    I'm intrigued you insisted on taking that comment out of context.
    I made that comment vis-a-vis my original understanding that the MEPs were voting not to respect (=adhere to) the democratic vote of the Irish people. i.e. to somehow ignore the wishes of the Irish people

    In that statement, I never claimed that I didn't respect the decision of the elected MEPs. It was what the 'decision' of the MEPs was NOT their validity as representatives, which concerned me.

    For someone who provided the reasoned explanation that the MEPs were voting not to respect the Irish vote, but rather on the existence of their right whether to respect the Irish vote, I'm surprised your reasoning deserted you on this occasion.


  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    ConorIRL wrote:
    Given the requirements I'm pretty confident that this method could only be used if there was broad agreement. Obviously, an Irish minister could vote for a measure which was against the will of the people of Ireland but I fail to see how this is any more dangerous than that minister acting against the will of the people of Ireland in the Dail.

    Simple: if the Irish minister acted against the will of the people in the Dail there would be recourse in Europe. Since EC law superceeds Irish law in many areas anyway. Remember, as I should see it, the people should vote on the EU's areas of competency, so there would be a check there.



    On a side note: if a proposal was to provide some power to Europe, ministers were happy with it, can you see the MEPs providing a reasonable counterbalance here? The proposal would give the MEPs more powers too. That is bad governance. Hence, I don't put much weight on the 'check' of the Parliament.

    The most secure check is to provide the people with the direct authority over the institutions powers.

    I see too many simularities to self-regulation here for my liking. True, there is ultimate accountability but I think it will be too late to reverse changes. Sure, that would need a unanimous decision from politicans from all countries also, something that would be unlikely given the scenario.

    To simplify; I see these measures as not being distant from what's good for Germany/France being implemented in Ireland too.


  • Registered Users Posts: 300 ✭✭WillieFlynn


    jawlie wrote: »
    In a bi lateral agreement between two countries, say the good friday agreement which you mention, (i) no where in that document does it bind us to be denied the right to change the terms of that agreement, (whether by negotiation or otherwise) in the future or (ii) no where is that document does it include us handing over power on the way in which we are governed, and additionally deny us the right to change that in the future if we don't like it. The lisbon treaty says that, once we hand over the powers which it demands, we will never again have the right to take them back.
    That is not quite true, the lisbon treaty can be renegotiationed and replaced in the future, in fact that is what it is doing to previous treaties. So it is wrong to say it is set in stone.

    The lisbon treaty for the first time of any EU treaty gives the option of withdrawing. While previous treaties didn't allow for withdrawal, the EU in pratice would not have stopped a country or region (Greenland was allowed to leave).

    I stand by my assertion that fundamentally the consitutional arrangments for the good friday and all the EU treaties are essentially the same. The consitutional ammentment for the Good Firday agrement says that any body created under it, is in addition or subsitutes for any similar body or power created by the government in this country. I fail to see any substantive differance between this and EU (however I would agree that there is a difference in scale).
    jawlie wrote: »
    I think we all have to decide for ourselves where the power resides in the EU and I am afraid, for many , simply being "appointed" by our governments is not the same thing as being democratically elected by universal sufferage.
    The commision is not very different to our unelected civil service and it can't do much with out agrement from the directly elected MEP and council of ministers
    jawlie wrote: »
    We all have to decide these things for ourselves and if you are happy that the unelected president of the commission and all the commissioners should have all this power and not be elected by the citizens of the EU........
    I would like to know what all this power you are talking about is. As the comissions powers are very limited, with out the agrement of our directly elected reprasentivaties.

    Just look at the services directive the commission proposed, most of the major reforms it tried to bring in were blocked by the elected representivates. This shows that the commision isn't all powerfull, as you suggest.
    jawlie wrote: »
    For many of us this is a very strong reason to vote "no" and I urge anyone who has even the smallest doubt to vote no.
    Giving too much control to unelected officials who are not accountable would be a valid reason for voting no.

    However one should be first make sure they are clear how the EU works and if the proposed changes will improve how it operates or not.

    In many ways I feel that the EU is more democratic and transparent than our own government.


  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    In many ways I feel that the EU is more democratic and transparent than our own government.

    Our government and 12 MEP's represents us in the EU :(

    Most of our MEP's belong to Ireland two political parties :(

    Yeah, in this way Ireland's voice at EU is being best represented :(


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    johnnyq wrote: »
    Let me stop you there, why would the EU have 'regulation of dogs' as a competency yet not have the power to issue dog licences? That makes no sense.
    If the EU wanted this competency - it would place it in the treaty.
    Next, the treaty should outline the means the EU wanted to achieve this. E.g. by listing the powers it feels it needs - power to issue licences.

    I don't want a catchall which could allow the EU to regulate dogs e.g. by banning pit-bull terriors.

    No, that wouldn't work, because it requires the treaty in advance to predict every single power that might ever be required for the regulation of dogs, and if any new power was ever needed, a new treaty would be required.
    johnnyq wrote: »
    Edit: Could this be used as a means for the national governments to bring in their unpopular legislation that could collapse their government at home? The idea that the EU made us do it? It does seem convenient that in the council of ministers there is no opposition to air reasonable concerns.

    What's so wrong with the EU listing the powers it thinks it will need in the treaty?

    Unworkable, as pointed out above. To use another example, if the EU is given the competence to regulate the EU member states' climate change efforts, what powers will it need? Can you predict every technology that the EU might be called on to regulate under those circumstances?
    johnnyq wrote: »
    How could the 'regulation of dogs' competency be up for discussion in the first place if it is included in the treaty?

    Anything else about national vs. EU implementation can be sacrificed in political rangling.

    The competency wouldn't be.

    Are you completely sure you understand the difference between a 'competency' and a 'power' - the former being an area of legislation & responsibility which it has been decided to handle through the EU, and the latter being some capability which is required in order to effectively handle that area?
    johnnyq wrote: »
    Poettering's comment said that:
    "A vast majority of you have voted in favour of the Lisbon Treaty. This is an expression of the free will of the peoples you represent."

    Yet the people of France and Holland rejected the Lisbon Treaty already plus the 10% extra about the EU Constitution, and somehow by ignoring previous results and not letting the rest of the people themselves vote on this important document the EU is representing the free will of its peoples?!?

    It's one thing to say that the turkeys are voting for Christmas, but here we're talking about the butcher voting for them. It's madness!

    No-one has yet voted on the Lisbon Treaty, and to say that a treaty that has been changed is the same treaty as before is nonsense. If you'd like to argue that the Lisbon Treaty still contains everything that the French and Dutch voters actually objected to, you're welcome to do so, but I will expect you to back up the claim. You cannot simply assume that they voted against what you personally object to.

    Say a union objects to two or three terms in a national pay agreement, out of a hundred clauses. The offending terms are removed - and the union agrees to the deal. Is there anyone stupid enough to claim the union should have rejected the deal because it was "97% the same as the old one"?
    johnnyq wrote: »
    I'm intrigued you insisted on taking that comment out of context. I made that comment vis-a-vis my original understanding that the MEPs were voting not to respect (=adhere to) the democratic vote of the Irish people. i.e. to somehow ignore the wishes of the Irish people

    In that statement, I never claimed that I didn't respect the decision of the elected MEPs. It was what the 'decision' of the MEPs was NOT their validity as representatives, which concerned me.

    For someone who provided the reasoned explanation that the MEPs were voting not to respect the Irish vote, but rather on the existence of their right whether to respect the Irish vote, I'm surprised your reasoning deserted you on this occasion.

    You have, alas, missed the irony! I'm not entirely surprised, though. I am aware that you made the remark in respect of the stunt amendment, but I've already outlined my position on that.

    MEPs represent all the voters of Europe. Unless you're going to claim that the only possible form of democracy is referendum (an argument which certainly suits the No sides purposes, yet has only been heard for this campaign), then a decision by MEPs to endorse the Treaty is a democratic decision for Europe - and one that you seem happy not only not to consider at all, but to actively deride! Further, you're equally willing, it seems, to set aside the results of the Spanish and Luxembourg referendums, which passed the Constitution. That is the irony - you don't mean anything, it seems, by "democracy", except "people agreeing with johnnyq".

    cordially,
    Scofflaw


  • Technology & Internet Moderators Posts: 28,804 Mod ✭✭✭✭oscarBravo


    johnnyq wrote: »
    Our government and 12 MEP's represents us in the EU :(

    Most of our MEP's belong to Ireland two political parties :(

    Yeah, in this way Ireland's voice at EU is being best represented :(
    What's your alternative? An EU-wide referendum on every proposal?


  • Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    johnnyq wrote: »
    Simple: if the Irish minister acted against the will of the people in the Dail there would be recourse in Europe. Since EC law superceeds Irish law in many areas anyway. Remember, as I should see it, the people should vote on the EU's areas of competency, so there would be a check there.

    The EU only gets areas of competency through the various treaties. Lisbon, however, contains no new competencies for the EU.

    So every competency the EU has has been voted on by the Irish people.
    johnnyq wrote: »
    On a side note: if a proposal was to provide some power to Europe, ministers were happy with it, can you see the MEPs providing a reasonable counterbalance here? The proposal would give the MEPs more powers too. That is bad governance. Hence, I don't put much weight on the 'check' of the Parliament.

    The most secure check is to provide the people with the direct authority over the institutions powers.

    I see too many simularities to self-regulation here for my liking. True, there is ultimate accountability but I think it will be too late to reverse changes. Sure, that would need a unanimous decision from politicans from all countries also, something that would be unlikely given the scenario.

    To simplify; I see these measures as not being distant from what's good for Germany/France being implemented in Ireland too.

    Well, that's clear - although you haven't explained how the EU can act to be good for Germany/France but not for Ireland. If your apparent worries about the EU's self-regulation were correct, they would apply equally to the French and Germans, neither of whom directly elect Commissioners either.

    As to the idea that MEPs will automatically vote in favour of any extension of EU competencies - first, I've explained that the EU cannot extend its competencies in that way; second, there is no evidence that they do so, seductive as it sounds - and all MEP voting records are available online; third, MEPs are accountable to national/regional voters in exactly the same way as any other democratically elected representative is - indeed, they will be up for election next year.

    I think you're simply trying to ignore the European Parliament because the fact that it is democratically elected doesn't fit with your claim that the EU is not subject to democratic oversight. It is, and the Lisbon treaty extends and increases that oversight. If you were genuinely worried about lack of accountability/democracy, you should be voting Yes, not No.

    Instead, I think your arguments are actually a dressed-up way of saying what every other No voter seems to be saying - that the only proper place for democracy is in national governments, which is something even the national governments don't agree with. However, if you do think there something particularly special about the nation-state, by all means just say so, because it's where the subtext of all your arguments is heading.

    regards,
    Scofflaw


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  • Closed Accounts Posts: 641 ✭✭✭johnnyq


    Scofflaw wrote: »
    No, that wouldn't work, because it requires the treaty in advance to predict every single power that might ever be required for the regulation of dogs, and if any new power was ever needed, a new treaty would be required.

    How has the EU survived up to now without resorting to Article 308 for non common-market issues tell me?

    In my view you either give very specific competencies or vague competencies with specific powers.

    And in all fairness, even your dog licence example, what's so unreasonable about being specific about it.

    You seem to rail against an EU that has clearly defined structures and boundaries. I am against vague loopholes.

    Scofflaw wrote:
    Unworkable, as pointed out above. To use another example, if the EU is given the competence to regulate the EU member states' climate change efforts, what powers will it need? Can you predict every technology that the EU might be called on to regulate under those circumstances?

    Okay here is an easy example:

    Suggestion 1: Competency: EU can regulate state's climate change efforts
    Powers Needed: Allow EU to regulate technologies that achieve such an aim.

    or Suggestion 2: EU has power to regulate technologies that achieve climate change efforts.

    Wake up here: I am not suggesting that every technology need be listed, that I agree is unnecessary:

    What I don't want to see is:
    Competency:EU can regulate state's climate change efforts
    No powers listed.
    Loophole: EU can smack tax on to regulate climate change efforts. Not as intended by treaty voters.
    Scofflaw wrote:
    Are you completely sure you understand the difference between a 'competency' and a 'power' - the former being an area of legislation & responsibility which it has been decided to handle through the EU, and the latter being some capability which is required in order to effectively handle that area?

    Yes i'm sure:rolleyes:
    I think we are at cross ends on this point becuase I give a different interpretation to the word 'this' in the quoted piece than you did.

    Scofflaw wrote:
    No-one has yet voted on the Lisbon Treaty, and to say that a treaty that has been changed is the same treaty as before is nonsense. If you'd like to argue that the Lisbon Treaty still contains everything that the French and Dutch voters actually objected to, you're welcome to do so, but I will expect you to back up the claim. You cannot simply assume that they voted against what you personally object to.

    Say a union objects to two or three terms in a national pay agreement, out of a hundred clauses. The offending terms are removed - and the union agrees to the deal. Is there anyone stupid enough to claim the union should have rejected the deal because it was "97% the same as the old one"?

    no problems there.
    So let the French and Dutch voters vote on this treaty and see if all their difficulties have been removed.
    How can we otherwise be sure that the 10% removed was the only offending part?
    Scofflaw wrote:
    You have, alas, missed the irony! I'm not entirely surprised, though. I am aware that you made the remark in respect of the stunt amendment, but I've already outlined my position on that.

    I am aware of the wider claim you make, However, your misleading statement would imply that the irony was related to the quote you took out of context. That I felt needed to be clarrified.
    Scofflaw wrote:
    MEPs represent all the voters of Europe. Unless you're going to claim that the only possible form of democracy is referendum (an argument which certainly suits the No sides purposes, yet has only been heard for this campaign), then a decision by MEPs to endorse the Treaty is a democratic decision for Europe - and one that you seem happy not only not to consider at all, but to actively deride! Further, you're equally willing, it seems, to set aside the results of the Spanish and Luxembourg referendums, which passed the Constitution. That is the irony - you don't mean anything, it seems, by "democracy", except "people agreeing with johnnyq".

    Why should it matter than the Spannish and other referendums passed? All referendums need to be passed. I was highlighting that French/Dutch results should not be ignored. There is no proof that French/Dutch concerns were limited to (or even connected with) that 10% about the Constitution.

    You need to clarify here :"people agreeing with johnnyq" on what? Opinions or rights or something else? The means to a decision and the decision itself are two very different things.


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