Friday, May 23, 2008

The Lisbon Treaty – Pros and Cons

The cause of human rights should be the cause of all governments. Therefore, when such a large inter-governmental organisation such as the European Union is considering a structural change, it is of unquestionable importance to advocates of human rights. The following article is a result of such importance.

The European Union is a theory. Yes, the reality of such a concept has been achieved but in essence it remains a living hypothesis that must be constantly tested, proven and tested again in order to justify its sustainability. There are those who believe that the contemporary practice of the European Union does not accommodate its theoretical basis, others who consider it to be largely successful in its operation and others still who reject both its origin and current position. With this backdrop it is unsurprising that any proposed adjustment to the European Union is bound to result in a divisive debate. Unfortunately, with regard to the Lisbon Treaty the debate has been extremely partisan and vociferous and thus resulted in an information deficit on the part of the voting public who have been bombarded with slogans and catchphrases but provided with little facts. Both sides of the debate have been guilty of this style of campaigning.

In response, this article attempts to very briefly outline 10 of the most common arguments for and against the Lisbon Treaty. This is not an attempt to influence voters and will not encourage the reader to vote in any particular way. Also, this article is by no means a complete account of the consequences that could result from a Yes or a No vote but I would encourage any reader who seeks more information to ensure that they do so from an impartial source.


ARGUMENTS IN FAVOUR OF THE LISBON TREATY:


(1)The European Union gives small countries like Ireland the opportunity to have their voices heard on the world stage. Rejection of the Lisbon Treaty may have negative repercussions in this regard.


(2)Currently, national parliaments do not have direct involvement in decision making within the European Union. If the Lisbon Treaty comes into force, parliaments will play an important role in both law and policy making. The Dáil and Seanad will have 8 weeks to offer an opinion on and vet European Union legislative proposals.


(3)Unanimity in decision making will remain in force for foreign and security policy.

(4)The issue of transparency will be addressed by the requirement that all law making negotiations of the Council of Ministers take place in public.


(5)The European Union Commission will be reduced in size in an attempt to increase efficiency. Ireland will also maintain its current representation in both the Parliament and the Council of Ministers.


(6)Article 8 of the Lisbon Treaty will enable ordinary citizens (not less than a group of one million) to place issues on the agenda of the European Union by inviting the Commission to submit a proposal on their behalf.


(7)The Lisbon Treaty gives a commitment to the eradication of poverty.


(8)The Charter of Fundamental Rights which currently possesses the status of a declaration will become legally binding if the Lisbon Treaty is ratified.


(9)The Lisbon Treaty proposes that the European Union follows the example of its member states and accedes to the European Convention on Human Rights.


(10)For the first time, there will be a process whereby member states can withdraw from membership of the European Union.


ARGUMENTS AGAINST THE LISBON TREATY:


(1)Ireland’s sovereignty will be further eroded if the Lisbon Treaty comes into force.

(2)Ireland (along will all member states) will lose its veto on many issues.


(3)The Lisbon Treaty will result in more than 60 areas of legislation being transferred from unanimous voting to qualified majority voting (QMV). QMV uses population as one of its main criterion and thus could reduce the influence of Ireland and other small member states.

(4)The Lisbon Treaty even proposes to apply QMV to extremely sensitive areas such as asylum and immigration.


(5)It has been suggested that Article 48 of the Lisbon Treaty will make the treaty self-amending and allow for the amendment of existing European Union Treaties without recourse to referendums in Ireland or other member states.


(6)Ireland will lose its Commissioner for 5 out of every 15 years.


(7)Ireland will still only have 12 representatives in the Parliament which consists of 750 seats.

(8)The placement of issues on the European Union’s agenda by the ordinary citizens is weakened by the fact that the Commission has no power to implement legislation change. This means that any proposal that comes from the ordinary citizens may be ignored by all other European Union institutions.


(9)Climate change, development and the eradication of poverty are only briefly alluded to in the Lisbon Treaty.


(10)The European Union’s Court of Justice will have a new, extensive and untested jurisdiction over human and civil rights due to the legally binding nature of the Charter of Fundamental Rights under the Lisbon Treaty.

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