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Denmark and their clauses?

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  • 20-09-2009 11:11pm
    #1
    Bean Flicker
    Closed Accounts Posts: 1 ✭


    Can our Lisbon changes be changed?

    Simple enough.

    Can they? Euro courts over rule?

    Yes voter before anyone asks.


Comments

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    #2
    Scofflaw
    Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    Bean Flicker wrote: »
    Can our Lisbon changes be changed?

    Simple enough.

    Can they? Euro courts over rule?

    Yes voter before anyone asks.

    If you're asking about the guarantees, the answer is that they can't be changed, because they're international agreements between the member states, which the ECJ has no power to rule on. As they currently stand, in a conflict between them and the treaties, the expert view is that the treaties would win out (because the guarantees are separate international agreements without the same standing in an ECJ judgement as the treaties) but that there are no conflicts between the guarantees and the treaties.

    Once the guarantees become Protocols, at the next accession treaty (Croatia, most likely, in the next couple of years), they have equal legal weight to the treaties.

    cordially,
    Scofflaw


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    #3
    callig
    Closed Accounts Posts: 119 ✭✭callig


    Bean Flicker wrote: »
    Can our Lisbon changes be changed?

    Simple enough.

    Can they? Euro courts over rule?

    Yes voter before anyone asks.



    The simple answer is there hasn't been any changes made to the treaty.
    The Referendum Commission said while guarantees covering abortion, tax and defence gave voters extra clarity, the issues had not been in the treaty to begin with.

    High Court judge Mr Justice Frank Clarke, chairman, said assurances thrashed out with European leaders last December to address Irish concerns did not change the treaty.

    http://www.breakingnews.ie/ireland/lisbon-treaty-assurances-are-binding-424995.html


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    #4
    Tarobot
    Closed Accounts Posts: 181 ✭✭Tarobot


    callig wrote: »
    The simple answer is there hasn't been any changes made to the treaty.
    Well that is not quite true. The guarantees may not change anything but we're also voting on the Decision to allow us to keep our Commissioner.


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    #5
    Scofflaw
    Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    Tarobot wrote: »
    Well that is not quite true. The guarantees may not change anything but we're also voting on the Decision to allow us to keep our Commissioner.

    By the way, it appears a number of people believe that the decision to keep the Irish Commissioner is somehow only applicable until 2014. That is not the case - the 2014 date was a changeover date under the original Lisbon arrangements, and is no longer applicable. Any further change to the full Commission decision requires unanimity on the European Council - which is to say that there's an Irish veto on giving up our Commissioner.

    cordially,
    Scofflaw


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