Europe awaits with bated breath
Short of arranging for Elvis to emerge from a UFO riding Shergar and boasting of his part in the JFK assassination, Valery Giscard d’Estaing, chairman of the convention which drew-up the doomed EU constitution, could hardly have delighted conspiracy theorists more than with his comments that the constitution rejected by French and Dutch voters is reborn in Lisbon: “Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly... All the earlier proposals will be in the new text, but will be disguised in some way.”
Not surprisingly, Green leader and Environment Minister John Gormley puts a more positive spin on the document as he urges voters to dwell on what the Lisbon treaty will do for them: “Concentrate on the merits of this treaty, the charter of fundamental rights, the democratisation of the European Union and the commitment to environmental issues,” he said.
GIVEN that the EU had its genesis in the European Coal and Steel Community designed to control armament production and thus help prevent another war between Germany and France, it is ironic Lisbon copper-fastens a new, assertive, military role for the union with the setting up of a European Defence Agency.
The treaty insists: “Member states shall undertake progressively to improve their military capabilities.” Meaning Ireland will be obliged to continually upgrade its defence reach.
However, Ireland will retain the right to opt out of military or security operations it does not agree with.
THE Lisbon treaty will not affect Ireland’s ability to set its own tax rates as nations will retain a veto in such matters.
While the Irish veto on direct taxation will remain, it is a nuclear option and highly unlikely Dublin would ever use it in the face of opposition from the other 26 member states.
ONE of the few things voters have been able to lock-onto is that Ireland, along with all other member states, will not have a Commissioner in Brussels for five of every 15 years as the body shrinks from 27 to 18 members.
However, the reduction in the size of the commission was agreed under the Nice Treaty. All Lisbon does is set out the mechanics on how the rotation of seats will be arranged.
LISBON will create a President of the European Council who will serve a five-year term. This is intended to end the rotating six-month presidencies of the member states and give the union more direction and forward thrust. The president will be appointed by the heads of national government and effectively, only be accountable to them through the European Council.
The same applies to the new post of High Representative for Foreign Affairs.
The lack of democratic accountability of the two posts undermines the claims of treaty architects that it brings the union’s institutions closer to the people.
The European Parliament will get important new powers of co-control of budgetary and legislative matters with the European Council.
National parliaments such as the Oireachtas will be entitled to try and influence EU policy making at an early stage, however, it is unclear what, if any, impact this would have.
The European Council is made up of Ministers representing each state and almost always meets behind closed doors. Lisbon would see decisions made on the basis of 55% of countries which represent 65% of the population of EU carrying the day.
THE treaty has a protocol stating nothing would affect the application in Ireland of article 40.3.3 of the Constitution. This article outlaws terminations in the Republic unless there is a direct threat to the life of the mother.
THE EU Charter of Fundamental Rights is recognised under Article 6 of the Lisbon Treaty and acknowledges activities like the right to strike. However, this charter only applies when a member state is implementing EU law and not its own national law. This seriously downgrades any impact the charter will have if applied and leaves it reading more like a set of worthy aspirations than a guarantee of protection.
THIS is perhaps the most controversial expansion of power at EU level set out in the treaty, but Ireland and Britain have opted out of it on the grounds they have a separate common law system to the continent.
The treaty extends the remit of the European Court of Justice to scrutinise criminal law and introduce continent-wide powers to target the resources of terrorists.
The EU will now scrutinise prosecuting, policing and investigating certain crimes. There will also be a commitment to standardise laws in different countries and arrive at minimum sanctions for certain offences including money laundering, drug-trafficking, corruption, terrorism or computer crime.
A vague commitment is made to combating climate change at an international level in Article 174, and the need for energy security is also mentioned.
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