Fate of the Lisbon Treaty

Posted By Anders On April 7, 2009 @ 23:35 In English, Euromed | 2 Comments

What about the Treaty of Lisbon after the Irish No? How dangerous is it today? This article will try to give an anwer with the help of i.a. EU expert, Prof. Karl Albrecht Schachtschneider.
[1] Signing-the-lisbon-treaty[2] EUObserver 30 March 2009
: "Clearly there will be no enlargement if there is no [3] Lisbon Treaty. Everybody knows it, so why not say it?" French foreign minister Bernard Kouchner was reported as saying by Reuters after the informal foreign ministers meeting in Hluboka Nad Vltavou in the Czech Republic. The Lisbon treaty was designed to make the bloc more efficient in the aftermath of the two latest enlargements to 12 new countries, in 2004 and 2007.

"We will not be in a position to accept new member states in the EU without the Lisbon treaty," German foreign ministry officials were also quoted as saying by Deutsche Welle on Saturday.

The French and German comments come after Germany's conservative Christian Democratic Union (CDU) - Chancellor Merkel's party - earlier this month adopted a platform for the upcoming European elections in June stating that "the consolidation of the identity and institutions of the European Union" must have "precedence over further EU accessions."

"There has been for a long time recognition that the Lisbon treaty is necessary before we have enlargement," Irish Europe minister Dick Roche also said.

[4] EUObserver 30 March 2009: Czech deputies are largely sceptical about the document and are now seen as unlikely to toe Mr Topolanek's more moderate line on Europe and instead align themselves more strongly with ODS founder and Czech President Vaclav Klaus. Mr Klaus is an outspoken eurosceptic and is a strong critic of the Lisbon Treaty.
The [5] Czech government and opposition seem to have struck a deal that the Lisbon Treaty will only be ratified in Czechia if the US antiballistic missile system in Eastern Europe is implemented – which [6] may follow soon after the North Korean missile test – if Obama is willing to confront Russia!!

A [7] diplomatic source told the Sunday Business Post that the Irish government expected the guarantees to be agreed ahead of a June EU leaders summit, but admitted: ‘‘We don't know what's going to happen. Nobody does. They don't know themselves."

In Brussels there are fears that if the treaty is not approved this year then it risks not coming into place at all.  Next year, a general election in the UK could see the Conservatives return to power. Its leader, David Cameron, has said he would hold a referendum on the Lisbon Treaty if it is not already in place.

However, there is yet another factor to be taken into consideration: A decent and super intelligent man, Professor Karl Albrecht Schachtschneider, who has written the complaint against the Lisbon Treaty, which the Bundestags deputy, Peter Gauweiler and members of the Leftist Party have filed with the German Constitutional Court. This has prevented Federal President, Horst Köhler,from signing the Lisbon Treaty, which had already been passsed by the Bundestag and the Bundesrat .

Here is an excerpt from an article by Prof. Schachtschneider about the Treaty.


[8] The injustice of the Lisbon Treaty
[9] SchachtschneiderWith the Treaty of Lisbon the EU finally becomes a federal state. The duties and powers of the Union more than exceed those of the Federation to the federal states in Germany. They deny the federal state of the (European) Union, because according to  the Constitution and according to the constitutional laws of other Member States (the EU) is not allowed to be a Federation. Of course, this depends on the concept of the federal state. The (European) Union becomes a true federal state, because it is based on a contract.

A federal state which –  like the (European) Union – commits itself to the tasks and powers of existential statehood,  must be democratically legitimized. This inherent legitimacy,  can be given only by a European Union people. The Union state no later than the Treaty of Lisbon also has far-reaching federal typical competence-competences at its disposal. It can not only expand its powers in the interest of achieving the target without the involvement of national parliaments ( Art. 352 TFEU) and is not only authorized to levy Union taxes (art. 311 TFEU), but has the insolence to usurpe for itself  the right of "simplified revision procedure" of Article 48 section 6 of the TEU,  to change the entire treaty in whole or in part (except the foreign and security policy) by decision of the European Council . National parliaments must only agree if it is in their Constitutions. In Germany and Austria this is by no means the case. The Bundestag, the Bundesrat and the National Council can only express views which may be taken into account but are usually disregarded.. The authorization to a simplified amendment procedure is nothing more than a
constitutional dictatorship.

[10] Celebrating-lisbon-treatyThe Lisbon Treaty obliges the Member States of the Union not only to arm (Art. 42 para 3 section. 2 TEU) but ascribes to itself  in Article 43, part 1 TEU a right to war,  to the jus ad bellum, in particular to combating terrorism around the world. This displaces the prohibition of  war of aggression under Article 26 paragraph 1 of the German Constitution. This is in accordance with the fact that in the event of war or imminent threat of war – contradictory to the fundamental right to life under the regulations of the Charter of Fundamental Rights -[11] death penalty  may be introduced, including decisions by the Council on general provisions of missions (Article 43 part 2 S. 1 TEU).

The Treaty of Lisbon as of 13 December 2007, called the Reform Treaty, continues the policy of European integration, which began with the Treaty of Rome in 1953 and 1957 and was further developed by the Single European Act of 1986, the Treaty of Maastricht in 1992, the Treaty of Amsterdam in 1997 and the Treaty of Nice in 2001. Through the last great accession of 12 countries mainly in the east and southeast of the Union in 2004 and 2007 nearly 500 million people live in the 27 Member States of the European Union. The integration politicians want the integration to be set on a new union contract basis,which largely maintains the existing treaties, the so-called acquis. After the Treaty establishing a Constitution for Europeof 2004, the Constitutional Treaty, was rejected in France and the Netherlands by referenda, the Treaty of Lisbon tries to save this treaty, in essence, albeit without the ambitious name of constitution. 

[12] [12] WildersThis contract still differs the Treaty on the European Union (TEU) from the Treaty on the Functioning of the European Union (TFEU), which evolved the existing Treaty establishing the European Community . At the same time, by Article 6 TEU  the [13] Charter of Fundamental Rights of the European Union in Nice in 2000 and having  so far no validity under international law becomes a compulsory part of the treaty.

European Fundamental Rights: For EU-clad islam or for Geert Wilders?

The contracts compose the Constitution of the European Union. In addition, a large quantity of legal acts of the Union, notably the directives and regulations, which arrange almost all areas of life, especially economy. Union law, which determines our lives far reaching and deeply is furthermore in a broad jurisdiction of the Union, which has developed over more than half a century and has developed its official collection into nearly twenty meters on the shelf.

Germany,  as well as Britain, Poland, the Czech Republic and other Member States have not ratified the Treaty of Lisbon so far, because its constitutionality is to be tried by the national constitutional courts. Also in Austria there is a constitutional complaint – written by me as in Germany (and others) – against the Lisbon Treaty, although,  however, Austria´s ratified Treaty has  already been filed.  The Irish have rejected the treaty  by referendum. So, the Treaty is failed, but they are trying to enforce it as it is or a little modified

Eussr flagIn case the Lisbon Treaty comes to enter into force the peoples of the Union finally say good-bye to their fundamental constitutional principles, the basis of their political culture. Germany may, in accordance with the constitutional article of integration only participate to achieve a united Europe in the development of the European Union  which is committed to democratic, constitutional, social and federal principles, and the principle of subsidiarity and guarantees a substantially comparable protection of fundamental rights "(paragraph 1 sentence 1 of Article 23 of the German Constitution). The Member States of the Union are already now, but certainly definitely, if the Reform Treaty enters into force, no democracies, no rule of law and no more welfare states. They essentially lose the protection of fundamental rights .

The Constitution of the European Union must be rewritten - but quite differently, namely, so that we can live in a European Europe, in a Europe of freedom and justice, democracy and welfare, in republics, not in a dictatorship of Industries , banks and a powerful lobbying exposed bureaucracies. The united Europe can only legally be a republic of republics, a "federalism of free states", as designed in Kant´s seminal publication "On Eternal Peace."


 [14] EUObserver11 March 2009: [15] Bundesverfassungsgericht__Bild,property=posterAccording to reports in the German media, the debate during the crucial two-day hearing starting on Tuesday (10 Februrary) on the treaty centered on criminal law and the extent to which it should be the preserve of member states rather than the EU.
"These are issues affecting the shared values of a people," he said.

Judge Udo Di Fabio, who prepared the procedure and will deliver the judgement on the treaty, asked whether the transferral of powers to the EU really means more freedom for EU citizens.

"Is the idea of going ever more in this direction not a threat to freedom?" he asked, according to FT Deutschland.

Judge Rudolf Mellinghoff asked whether the treaty was already "in an extensive way" being applied when its comes to the area of criminal sanctions in environment issues – the European Commission may sanction companies for polluting the environment
In all, four of the eight judges questioned the Lisbon Treaty.

The Frankfurter Allgemeine Zeitung noted that the judges were united on one issue: that the treaty is not a work of high literature.

Less-than-clear passages from the treaty were read out aloud, guaranteeing a laugh, noted the paper.
The court could therefore ask for a referendum, concludes the Suedeutsche Zeitung.

The hearing is being watched keenly across Europe as all member states need to ratify the EU treaty before it can go into force.

The German government, a strong supporter of the document, sent two of its senior ministers to defend it during the hearing, which is examining whether the treaty is anti-democratic by allowing the powers of national parliaments to be circumvented.

[16] Tony-blairBut there is always a plan B – although the mendacious EU denies it. As [17] predicted on this blog  on Jan 15, 2008, these forces are already bringing their – or rather Rothschild´s –  coming president into position: Bilderberger and war mongerer, Tony Blair. [18] The Independent 5 April 2009:   “Tony Blair has emerged as the leading candidate to become the first permanent president of the European Unionon on the basis that Britain – i.e. Gordon Brown – needs to have a key figure in the architecture of the "new world order".

The future of the Lisbon Treaty is very uncertain. Probably the current crisis has dealt the deathblow to it. However, a New World Order dictatorship can see the contents through, nevertheless.  Here is what the [19] chairman of the Bilderbergers, Mr. Etienne Davignon,  has to say: “A second negative referendum in Ireland on Lisbon "would put on the agenda the notion that if somebody says No, why do we have to care about them?"  Or how about the Czech [20] EU-President, Topolanek,  who says about the ABM sceptic Czechs (70% of the population) :" "People have opinions on these themes - but they should not have a decisive say!!"
It is a great comfort to know that Germany cannot pay for poor euromediterranean partner countries like Turkey in the EU – but has more than enough to do with the euro zone .  And [21] France is now definitely opposed to Turkey´s EU memebership because of its behaviour in the nomination of the new NATO Secreatry General.

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URL to article: http://euro-med.dk/?p=7824

URLs in this post:
[1] Image: http://euro-med.dk/billeder/billedersigning-2dthe-2dlisbon-2dtreaty1.jpg
[2] EUObserver 30 March 2009 : http://euobserver.com/9/27869
[3] Lisbon Treaty: http://euro-med.dk/?p=776
[4] EUObserver 30 March 2009:: http://euobserver.com/9/27867
[5] Czech government and opposition : http://www.euractiv.com/en/future-eu/obama-missile-stance-blocks-czech-lisbon-ratification/article-1

[6] may follow soon : http://www.euractiv.com/en/opinion/obama-push-central-europe-missile-shield/article-180994
[7] diplomatic source told : http://euobserver.com/18/27867
[8] The injustice of the Lisbon Treaty : http://www.hintergrund.de/20090210353/politik/inland/das-unrecht-des-vertrages-von-lissabon.html
[9] Image: http://euro-med.dk/billeder/billederschachtschneider2.jpg
[10] Image: http://euro-med.dk/billeder/billedercelebrating-2dlisbon-2dtreaty1.jpg
[11] death penalty: http://euro-med.dk/?p=948
[12] Image: http://www.europarl.europa.eu/charter/pdf/text_de.pdf
[13] Charter of Fundamental Rights of the European Union : http://www.europarl.europa.eu/charter/pdf/text_en.pdf
[14] EUObserver11 March 2009: http://euobserver.com/9/27586
[15] Image: http://euro-med.dk/billeder/billederbundesverfassungsgericht-bild-2cproperty-3dposter2.jpg
[16] Image: http://euro-med.dk/billeder/billedertony-2dblair1.jpg
[17] predicted : http://euro-med.dk/?p=302
[18] The Independent 5 April 2009: http://www.independent.co.uk/news/world/europe/blair-steps-up-fight-to-be-crowned-first-president-of

[19] chairman of the Bilderbergers: http://euobserver.com/9/27778
[20] EU-President, Topolanek,: http://blogs.telegraph.co.uk/Bruno_Waterfield
[21] France is now definitely opposed to Turkey´s EU memebership : http://www.eubusiness.com/news-eu/1239099423.42/