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Can we stand the suspense?

Read more about: Democracy, Europe, Lisbon Treaty, Referenda     Print This Post

So the new Lisbon deal will be formally agreed with our EU colleagues over the next couple of days.  The media coverage is going be particularly unreliable on this one, because the line to the media from Brian Cowen and Micheal Martin will be to show their efforts in extracting every possible concession and driving the hardest possible bargain so as to make the Lisbon II vote seem like a different product than Lisbon I.  But consider this statement from the Czech Presidency today previewing the negotiations –

Last but not least, the Czech Presidency will support the adoption of guarantees for Ireland in a legally-binding form by the heads of state and government of the EU Member States. The mandate for negotiating this agreement was also unanimously approved by the Government today. Under no circumstances can the guarantees alter the Lisbon Treaty or go beyond what was promised to Ireland at the European Council in December 2008. The guarantees tackle the issues of tax, security and defence policy and the right to life, family and education. In addition, the significance attached to social issues, including workers´ rights, will be confirmed by means of a joint statement that is not legally binding. The guarantees must be sufficient in the light of the concerns of Irish citizens, yet they must not lead to the re-opening of the ratification process of the Lisbon Treaty in other Member States. Thus, the text of the guarantees explicitly states that the Lisbon Treaty is not changed thereby. In the previous weeks Ireland, in cooperation with the Czech Presidency, led bilateral negotiations with all Member States in order to prepare a draft that would result in a general consensus at the upcoming European Council.

Thus the issue is not the stated concessions to Ireland — these have already been agreed and don’t alter the treaty.  The main issue is how to make them legally binding, an issue that Croatia will be watching closely since their accession is looking like the next opportuity to get all 27 states to ratify an EU-level document.   But the unspoken urgency in Brussels to get something passed before David Cameron might be UK PM will likely trump any concerns that a new set of legal problems is being pushed down the road.

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5 Responses to “Can we stand the suspense?”

  1. # Comment by Future Taoiseach Jun 18th, 2009 19:06

    Interestingly, the position of the Czech President contrasts sharply with that of the Czech Presidency of the European Union i.e. the Czech Government itself. Vaclav Klaus insists that the guarantees means Lisbon must be re-ratified in the Czech Parliament, which would have the affect of delaying Czech ratification for months. The Czech president argues that Article 49 of the Czech Constitution requires such a course of action. It underlines, together with the refusal of the Presidents of Poland and Germany (pending the Constitutional Court ruling) to sign the Treaty that Ireland is not alone, contrary to what the politicians say.

  2. # Comment by Cian Jun 18th, 2009 23:06

    Interestingly we now have a private letter (not so private it seems) from Cowen to The Right Honorable Gordon Brown seeking to make the case for the legally binding protocols to get treaty status as soon as possible.

    However, in order to provide the maximum possible legal reassurance to the Irish people, I need to be able to come out of our meeting and state, without fear of contradiction, that the legal guarantees contained in the Decision will, in time, acquire full Treaty status by way of a Protocol.

    I recognise that it will not be possible to adopt this protocol before the Lisbon Treaty enters into force, as many Member States have made clear they cannot countenance having to reopen the Lisbon Treaty ratification process. However, what I do require is a clear and unequivocal commitment that, at a future point after the Lisbon Treaty enters into force, the legal guarantees contained in the Decision will be attached to the EU treaties by way of a Protocol.

    And

    The media debate in Ireland is already focussed on the form of the legal guarantees, and you will appreciate the strong political imperative that I confirm at tomorrow’s meeting the public understanding in Ireland f what was agreed last December.

    It is a clear ramp up in the spin cycle but does back the PM into a corner (if in fact he is indeed intransigent about the legal status). It makes for an interesting day tomorrow at the debating table. It is a high risk tactic if the leak was deliberate.

  3. # Comment by natrium Jun 19th, 2009 10:06

    Do I get this right,
    The Taoiseach is over there handing out private letters, on behalf of the Irish People, asking for legally binding guarantee’s to be introduced, into the Lisbon Treaty,after we re run the Referendum.
    So, if we re run the referendum,we already rejected, and reverse the decision, we already made, then at some stage in the future the EU will legally guarantee, that we can opt out of the parts we don’t like.
    Why would the EU want to do that, if we already ratified the treaty,? I mean why would they want to open up a can of worms, after the event, when they would already have what they want.
    This is a jigsaw, with pieces missing, can anyone fill in the blanks.
    Thanks.

  4. # Comment by EWI Jun 21st, 2009 23:06

    Interestingly, the position of the Czech President contrasts sharply with that of the Czech Presidency of the European Union i.e. the Czech Government itself. Vaclav Klaus

    Interestingly Mr. Klaus is a well-known crank/stooge for causes such as AGW denialism, now known one-time collaborator with the Communist-era regime and, oh yes, Libertas associate as well (how’s that project going, FT?).

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