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Transfer of powers an issue for Oireachtas

Monday, July 27, 2009


FOREIGN Minister Micheál Martin’s letter headlined ‘EU treaties do not have a life of their own’ (July 11) is unclear.


It might be understood from his letter that a referendum will be required post-Lisbon if Ireland decides to give up a veto and transfer any additional competence to the EU.

The position is that Ireland could agree at the EU Council to transfer more competence to the EU. This could only be done with the prior approval of the Oireachtas.

There is no requirement that this could only be done with the prior consent of the people through a referendum.

The German constitutional court accepts that the Lisbon Treaty transfers competences to the EU and that it has the capacity to transfer further competences once it is in force.

No other EU treaty has this capacity. Article 48 would allow EU leaders to change the treaties incrementally, without the need for a new treaty or the participation of the people in these decisions by referenda.

Please, minister, you seem very pleased with your "guarantees" – but what about democracy?

Caroline Simons
Eglinton Road
Dublin 4