Suzy Byrne on disability and the Lisbon Treaty
Posted at 2:02 pm by Owen RooneySuzy Byrne, on her blog Maman Poulet, has an excellent post on Coir's "Death Panel Politics" and how it contrasts to the what's actually in the Lisbon Treaty on disability. You can read it here.
On Workers’ Rights
Posted at 5:14 am by Conor SloweyIn an earlier post I asserted that the Charter of Fundamental Rights will increase the protection of workers' rights in EU law, and Owen has written a great article on the misinterpretation of past cases. If the Lisbon Treaty is rejected, then the position of workers' rights in EU law stays the same.
So it's hard to see exactly how workers' rights can be used as a reason to reject the treaty: the No campaigners on the left have yet to produce a convincing alternative, and it's hard to see how the political shape of the EU and the member states could support their demands.
Laval, Lisbon and workers’ rights
Posted at 4:51 pm by Owen RooneyWorkers' rights are undoubtedly one of the central points of the campaign, and depending on who you ask, Lisbon will either enhance workers' rights, or usher in a capitalist dystopia where multinational corporations squeeze the life out of workers for pennies a day. Joe Higgins is clearly of the latter opinion, but it's his repeated linking of worker's rights in the Lisbon Treaty to the so-called "Laval" judgement of the European Court of Justice that I'm going to turn my attention to today.
My 10 reasons for voting yes to Lisbon
Posted at 3:44 pm by Adam SinclairUnderstandably there is much confusion surrounding the Lisbon treaty. This I believe is mainly due to debaters from both sides failure to publicly differentiate between their opinion and facts. For instance arguments along the lines of 'Lisbon will be good for the Irish economy' are opinion, not established facts and so can be disputed, after all everyone is entitled to their own opinion. However everyone is not entitled to their own facts so when selecting my 10 reasons to vote yes I decided to stick to the facts and to only give my opinion as to why they are good.
1. Increase of power to the European Parliament
The European Parliament is the only directly elected body of the EU and as such is the most democratic; the Treaty of Lisbon will increase the power of the European Parliament. The parliament currently votes on only 80% legislation, the Treaty of Lisbon increases this to 95%; this is known as the ordinary legislative procedure.[Many Articles, TFEU] The parliament currently only approves 20% of the budget; this will be increased to 100%.[Article 314, TFEU]
2. Permanent President of the European Council [Article 15, TEU]
The current system for President of the European Council rotates between states every six months. The head of government of each state fills the roll; this can cause the President to push his/her countries national agenda often against the will of other states. The Lisbon treaty replaces this system with a more permanent position elected by the European council for a two and a half year term. The new President will be obligated to do what is best for everyone not just one individual state and will act on direction from the European Council. The president has no formal powers beyond co-ordinating the affairs of the European Council.
3. The Council will meet in the open [Article 16, TEU]
At present the Council of Ministers meets behind closed doors. This arouses suspicion in the public as they do not get to see how deals are reached. Under the Lisbon treaty the Councils must meet in the open when deliberating on draft legislative acts providing valuable transparency. Hopefully this will have the added benefit of engaging the public conscious, giving greater insight to EU affairs and raising the level of knowledge.
4. New powers of oversight for national parliaments [Article 12, TEU]
National parliaments are to be provided with all draft legislation and other documents produced by the Commission at the same time as they are provided to the Council of ministers and the European Parliament. There will be a period of 8 weeks before any decision can be taken by the Council and EP to allow national parliaments to provide input. They must also be provided with the Councils agendas and decisions. This enables the parliamentary opposition a chance confront the government on its activities at the EU.
5. More clearly defines the competences of the Union & Enshrines the principal of subsidiarity [Article 5, TEU]
The treaty for the first time clearly defines and sets limits on the competences held by the European Union. Under the principle of conferral only those competencies explicitly conferred by the member states in the treaties can be dealt with at EU level. All other areas are off limits and remain under the sole jurisdiction of the national governments e.g. family law (abortion, divorce), direct tax (corporate tax, income tax).
The treaty introduces the principle of subsidiarity. This means that legislation which falls under the competence of both the EU and national governments will only be enacted at EU level if individual states can’t do so as efficiently or effectively on their own. The national parliaments will be able to interject if it is felt that any legislative proposal does not comply with the principle of subsidiarity. If 1/3 of national parliaments do so the proposal has to be reviewed (1/4 for proposals in the area of Justice & Policing).
6. Introduces simplified revision procedure [Article 47, TEU]
The treaty introduces a new simpler method of amending the treaties in areas of internal EU policy (i.e. concerning the functioning of the EU’s institutions). This method allows for individual amendments to be passed separately without the need to hold an Intergovernmental Conference and draft an entire new international treaty, which is extremely time consuming and expensive. The new procedure still requires the amendments to be ratified by each nation in accordance with their constitutional requirements, which still will require a referendum in this country if it’s not compatible with our constitution. Hopefully this will cut down the complexity of future EU referenda as rather than having to vote on a huge number of changes at once, it will enable us to vote on individual treaty amendments. The simplified revision procedure cannot be used to increase the competences of the EU that will still require a entire new treaty.
7. Increases the Unions foreign policy ability
The Treaty creates a new role known as the ‘High Representative of the Union for Foreign Affairs’ [Article 18, TEU]. It merges many existing positions including the 'High Representative for the Common Foreign and Security Policy' and the 'European Commissioner for External Relations and European Neighbourhood Policy' into one position. This is to provide a more coherent and consistent voice for Europe in the international sphere. Currently there are so many people representing the foreign policy of the EU, foreign governments are confused about who to contact in regards to specific areas and the unions’ voice is disjointed and less coherent. The Lisbon treaty also creates an EU diplomatic corps know as the External Action Service to better facilitate the EU’s foreign policy.[Article 27, TEU]
8. Creates new Citizens Initiative [Article 11, TEU]
The Treaty creates a new avenue for citizens from across the EU to have their voice heard. An initiative requires one million signatures (0.2% of the EU’s population) and then the Commission will, if it is within its competence and in keeping with the treaties, draft legislation for consideration by the Council and the Parliament. The Commission can only draft legislation if the initiative is within the competence of the EU and is fully compatible with the treaties, including the Charter of Fundamental Rights. The legislation will then have to be passed by the ordinary legislative procedure in both the Council of Ministers and the European Parliament for it to become a directive.
9. Charter of Fundamental Rights becomes legally binding [Article 6, TEU]
For the first time all EU legislation will have to be legally compatible with a charter protecting the fundamental rights of EU citizens. The CFR will apply to all EU directives and national legislation which implements EU directives. It will not apply to legislation instigated by national legislatures i.e. all non-EU Irish Law. The CFR does not expand or create new areas of competencies for the EU. It only binds EU from enacting legislation which is contrary to the fundamental rights laid down.
10. Energy and the Environment become greater EU competencies [Article 4 & 194, TFEU]
Ireland has a minuscule amount of power and influence in these areas. The EU can provide better legislation and act more effectively for our benefit than we can on our own. Russia, Europe’s main gas supplier consistently takes advantage of the divided energy market, playing one country against another, cutting off supplies and effectively bullying individual states. Russia will have a much more difficult time if it faces a united EU energy policy, the EU will be the one dictating the terms. The treaty also affirms that combating climate change is a major objective of the Union, which was actually negotiated for by the Irish delegation.
All references refer to the consolidated treaties as amended by Lisbon which can be found here.
*TEU = Treaty on European Union
*TFEU = Treaty on the Functioning of the European Union
The Charter of Fundamental Rights
Posted at 7:23 pm by Conor SloweyOne of the biggest changes the Lisbon Treaty makes, is to enshrine the Charter of Fundamental Rights as part of Treaty law - you can find it here (PDF). It's based on the European Convention of Human Rights (which is the product of the Council of Europe, which is separate from the EU), which the EU would also sign up to if Lisbon is ratified. Though the European Court of Justice has drawn on the ECHR as being part of the legal culture of Europe, this would be the first time that these rights will be part of the EU's primary law, along with the four freedoms (of goods, services, people and capital) that underpin the single market.
The aim of enshrining these rights is to boost the social side of the EU, and to make its laws more responsive to human rights and workers' rights. Though the EU has long had a positive impact on gender equality and other rights, the Charter is a response to the criticism that the economic rather than human elements of the single market dominate the EU's law making. The Charter will only apply to EU law, and national laws that implement EU laws - so it can't be used to expand the EU's powers or competences (it even says so explicitly in Article 51(2)).