Friday, December 12, 2008

Lisbon Treaty as ratified is invalid under Irish compromise

Reports coming from Brussels indicate the EU is once again involved in illegality. Czech President Klaus confirms this reading of the situation as reported here. This blog has spelled out again and again how it is an impossibility for Ireland to retain its Commissioner under the existing Nice Treaty but totally impossible under the terms of the Lisbon Treaty as ratified across the Continent. See the following quotes and links: On 23 July, 2008, linked here I summarised: The suggestion is that the European Council can immediately and deliberately override a specific clause in the TFEU, that Commissioners post 2014 be selected on a basis of rotation, permanent members one from each member state cannot possibly be deemed to be rotating therefore the intent of the Treaty, as ratified by Parliaments all across the EU is immediately trashed. If this happens Lisbon effectively means the rule of law is finished within the EU post Lisbon. Will the Irish really agree to that? Let us remember that much of the claimed raison d'etre for the Constitutional/Reform/Lisbon process was the streamlining of the EU Commission. On a comment to that post I further expanded: A number equal to 100 pct of the member states immediately negates the rotation and as the Treaties have equal force creates an impossibility. As I suggested yesterday on this blog Nice allows Ireland to claim a perpetual Commissioner by smaller MS being forced to rotate between themselves but the drafting of the TFEU post Lisbon prohibits this solution. I also blogged at length on this question on 22nd July, with links to EU press statements and explanations, linked here and again on 30th July, here. The draft conclusion that I have seen for this Council clearly states this legal impossibility as follows: On the composition of the Commission, the European Council recalls that the Treaties currently in force require that the number of Commissioners be reduced in 2009. The European Council agrees that provided the Lisbon Treaty enters into force, a decision will be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national of each Member State. I will await the definitive and final version with great interest but doubt this bunch of fixers can legally disentangle themselves from this giant fraud solely designed to rob most Europeans of their democracy! After all it destroys the main reason given for the Lisbon Treaty itself namely streamlining and efficiency!

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