Political parties campaigning for a Yes vote in the Lisbon Treaty referendum have recently claimed that the Irish Constitution will protect Ireland from the provisions in the Lisbon Treaty relating to the “common defence”, and thus that Ireland’s supposed commitment to neutrality will be preserved. This claim was repeated on RTE news this week as though it were based on fact.
Specifically, it has been stated that a referendum will be required for Ireland to participate in military actions under the auspices of the Rapid Reaction Force, a group which the Lisbon Treaty effectively constitutes as the EU Army.
Here is the relevant constitutional amendment, one of seven new amendments to the Constitution being put forward for the referendum on 12 June 2008:
“The State shall not adopt a decision taken by the European Council to establish a common defence… where that common defence would include the State”
However, we must look at the amendments which will actually give force to the Treaty. Article 29.4.10 is proposed to read as follows:
“The State may ratify the Treaty of Lisbon… signed at Lisbon on the 13th day of December 2007 and may be a member of the European Union established by that Treaty.”
The proposed Article 29.4.11 reads as follows:
“No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of membership of the European Union referred to in subsection 10 of this section, or prevents laws enacted, acts done or measures adopted by the European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State.”
That is, no provision of the Irish Constitution is binding if it contradicts any measure of the Treaty, any act by the EU or any EU body, or by any body set up by the Treaty.
Therefore, the proposed constitutional amendment “exempting” Ireland from an EU common defence is bogus. It is legally unenforceable, because all measures contained within the Treaty, and all measures adopted on foot of that Treaty, are legally binding on the State, whatever the Irish Constitution might say.
Therefore, Ireland has no option but to contribute to funding the European Defence Agency. Ireland has no option but to support and participate in the EU army and whatever wars the EU’s major powers decide to wage (which will require no UN mandate). Ireland has to participate in the internal security arrangements of the EU, which include the obligation of other EU states to assist if one member state sees itself as threatened. Ireland has no option, because the proposed amendments to the Constitution essentially invalidates any constitutional provision which contradicts the Lisbon Treaty.
This means that the political parties backing this Treaty, and taxpayer-funded media, have consciously and deliberately set out to deceive the public as to the implications of a Yes vote.
Filed under: lisbon treaty | Tagged: eu army, irish constitution, lisbon treaty, neutrality
Did you see this text ?
Dublin asks in Paris for discretion on its plans of European defence.
A “confidential” of the Barber dated from May 21st teaches us that ” the white book on defence and security, which defines the big strategical orientations of France for next fifteen years, will not be made public before June 12th “.
The minister de la Défense Hervé Morin was auditioned in effect this week in the Assembly then in the Senate by their respective Commission of Defence. The plan of White Book the parliamentarians of which could consult the copy on place without making copy, is classified in effect ” confidential defence “. According to The Barber, the postponement of its public presentation has as object to avoid scaring the Irish, very tied to their neutrality, in some weeks of referendum on the Treaty of Lisbon: ” It will be ready before this date, but the Irish government, which organizes a referendum on the Treaty of Lisbon that day, asked in Paris to remain discreet. Dublin fears that the parties of the white book dedicated to the strengthening of Europe of defence nourish an antiEuropean vote and cause to fail referendum “.
It is the third time, after the reform of the European budget deferred in September and that of a report in the European Parliament on the implementation of the treaty of Lisbon, deferred also in fine June, that it is so decided to put back after Irish referendum, a subject which would risk awakening the attention of the only people called to pronounce on the European treaty. According to the last opinion poll, 47 % of Irish are always uncertain.
19 05 2008
http://www.observatoiredeleurope.com/
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