| Frequently Asked Questions About the Lisbon Treaty Answered
Q. What is the ‘Lisbon Treaty’? A. The Lisbon Treaty is the renamed European Constitution, which was rejected by voters in France and the Netherlands in 2005. It comprises 297 amendments to current treaties, 12 Protocols (mini-treaties) and dozens of declarations. It amends the Treaty of the European Community (Treaty of Rome 1957), henceforth the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (Maastricht Treaty 1992) giving the EU a legal personality and creating a federal state. Q. Is this not the same Treaty rejected by referendum in June 2008? A. Yes. While the Dublin government has made much of the political promises given by the European Council on issues such as taxation, neutrality and abortion, not one word of the Lisbon Treaty has been changed. The European Council itself has stated that the promises will clarify, ‘but not change, either the content or application’ of the Lisbon Treaty. It is the same Treaty. Q. So why are we being asked to vote again? A. The EU’s own rules state that if just one member state fails to ratify a treaty then that treaty falls. In 2002 Irish voters were forced to vote again on the Nice Treaty having rejected it by referendum in 2001. Even though the people of France and the Netherlands rejected the EU constitution (which was virtually the same as the Lisbon Treaty) in referenda in 2005 referenda the European political elite have complete disdain for the will of the people. They are determined to see through their plans for a federal Europe. A. There are many reasons to vote No (which are detailed below); primary among them is that the Lisbon Treaty has already been rejected by 53 per cent of the electorate in the 26 counties. It is the same treaty and should be given the same answer. Q. So the Twenty-Six County state is the only EU member state to have a referendum? A. Yes. Because of the campaigning work of Raymond Crotty in advance of the Single European Act in 1987, all European treaties that have implications for the sovereignty of the 26 counties must be put to referendum. Voters in the 26 counties are therefore alone in having the opportunity to vote (twice) on Lisbon. It should also be remembered that while those living in the twenty-six counties will vote on the Lisbon Treaty, those living in the British-occupied six counties will have no such opportunity. This means that over 1.8 million Irish people will have no say on the future direction of their own country. Q. What is the intent of the Lisbon Treaty? A. The European political and business elites are intent on creating a single political, economic and military entity across Europe to rival that of the United States. For such a 'United States of Europe' to be built all national governments will first have to surrender sovereignty to the EU, the free market has to be given precedent, military structures have to be built and common foreign and security policy has to be agreed. The adoption of a single European Constitution as proposed under Lisbon would be an important step on the road to this type of Europe. Q. If passed what will the main impacts of Lisbon be? A. The Lisbon Treaty if passed will have serious implications for public services, workers’ rights, democracy and neutrality. If ratified:
Q. How will it enshrine the principle of the free market? A. The Treaty embraces the free market as a guiding principle, ‘the member states and the Union shall act in accordance with the principle of an open market economy with free competition’ (Art 105TFEU), while Protocol 6 of the new Treaty states that the internal market will include a system to ensure that competition is not distorted. Its trade policy ‘encourages the integration of all countries into the world economy, through the progressive abolition of restrictions on international trade’ (Art 10A TEU). A further aim of the EU is ‘price stability’ which will be used to limit member states public spending. Already the Growth and Stability Pact restricts government debt to 3 per cent of GDP, Lisbon goes further ‘where the Council decides..that an excessive deficit exists it shall adopt without undue delay…recommendations addressed to the member state concerned with a view to bringing the situation to an end within a given period’ (Art 104c). Member states ability to decide its own economic policies will be severely restricted. Q. How will it place the interests of big business and profit before workers’ rights? A. The market is given precedent under EU law – recent rulings from a key EU institution, the European Court of Justice demonstrate how this elevates the interests of the free market above those of workers’ rights. The Laval and Viking rulings subordinated the right to strike to the interests of capital by allowing companies to employ cheap labour from other member states at rates well below those in which the company is operating. The Dublin government following the defeat of Lisbon 1, accepted a meaningless ‘solemn declaration’ on workers’ rights, which does not advance in any way the rights of workers. Q. How will it promote the further privatisation of public services? A. The Lisbon Treaty removes the veto in international trade agreements in relation to health and education services (Art 188C). This will further open up these services to the market and competition. Healthcare and education will not be planned in the in the interests of profit, not the interests of people. Debacles such as the privatisation of Eircom and water charges for schools are only a taster of what is to come if the Lisbon Treaty is passed. The healthcare system in the 26 counties is already operating as an apartheid system with those who can afford to pay gaining swift access to medical care, while those reliant on the public system are left waiting for years in many cases. IBEC identified the potential boon to private business this provides, in a submission to the Forum on Europe it stated: “Through our membership of the EU many markets have been subject to liberalisation and through this process new business opportunities have been created for Irish companies. A Yes vote for the Lisbon Treaty creates the potential for increased opportunities for Irish business particularly in areas subject to increasing liberalisation such as health, education, transport, energy and the environment.” Q. What is the impact on neutrality? A. The Lisbon Treaty further militarises the EU by calling on states to ‘progressively improve their military capabilities’ (Art 28c). This is the only area in which the treaty specifically calls for member states to increase public spending. In the area of common security and defence policy commitments and co-operation ‘shall be consistent with commitments under NATO’ (Art 28). The treaty therefore further strengthens EU links to NATO and allows the EU to develop common foreign and security policy creating the office of a Minister for Foreign Affairs. The EU, like NATO and the USA, requires no UN mandate for military action. Article 28 commits member states to assist third countries in the interests of combating so called ‘terrorism’ potentially justifying invasions of countries such as Afghanistan. Members of the Twenty-Six County army are currently operating with NATO forces in Afghanistan and the Dublin government has supported US military operations in Iraq and Afghanistan by allowing Shannon airport to be used by the US military. Q. How will it will undermine Irish sovereignty and weaken Ireland's voice in Europe? A. The treaty will increase the 'democratic deficit' at the heart of the EU by giving larger member states greater voting power at the European Council; increasing Germany’s voting power by 100% and that of Britain, France and Italy by roughly 50%. Ireland’s voting power will be halved. Furthermore, if passed the Lisbon Treaty will give the EU increased powers in over many areas while simultaneously reducing the number of areas member state governments can veto policy proposals. All of this means that the people of Ireland will have even less control over policy effecting healthcare, education, housing, energy, justice, policing and almost all other important policy areas. Instead the governments of larger EU states such as Britain, France, Germany and Italy will effectively dictate policy in these areas. Lisbon also proposes to give the EU a ‘legal personality’ (Art 46A) giving the EU the authority to operate as a state in its own right. It will have its own President, Foreign Minister and diplomatic corps. It will also allow it to conclude agreements and treaties without recourse to referenda or member state parliaments (Art 48). Q. But doesn't it protect the environment and fight climate change? A. The Lisbon Treaty includes six words on climate change, Art 191 aims at ‘promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change’. This is entirely meaningless and provides no ‘new’ powers to deal with climate change that don't already exist. What it lacks is the genuine political will to deliver. Furthermore the treaty prioritises the use of nuclear energy over renewable energy through EURATOM, which the Dublin government spends almost €8 million [£7 million] per year supporting. Q. What about the Charter for Fundamental Rights? A. Those campaigning for a Yes vote and the Labour Party in particular claim that the charter secures fundamental rights for EU citizens. The Charter sets out rights under 54 separate articles, however, the legal interpretation of those rights lies with the European Court of Justice, whose judges are appointed by member state governments and whose function is to uphold the objectives of the EU. The ECJ has demonstrated in recent rulings in both the Laval and Viking cases that it favours the free market over workers’ rights. Furthermore, rights such as protection against unjustified dismissal from employment and access to preventive health care (articles 30 and 35 of CFR) are subject to ‘conditions established by national law and practice’. The British government has been allowed to opt out of the social charter, indicating that even minimal social rights are optional extras for member states, while embracing the free market and competition are necessary requirements. Q. How would it affect non-European countries? A. Developing countries would be disadvantaged by measures to liberalise trade regardless of the impact on their economies, meaning that the economies in these developing states will fracture as they merely become providers for the richer states in Europe, leading to loss of jobs, increased cost of living and forced immigration for many European citizens. Q. What are the consequences of voting No? A. The Yes side has tried to scare voters into supporting the treaty by suggesting that if it is rejected we will be isolated in Europe and the economy will collapse, with the loss of thousands of jobs. Firstly there is no mechanism by which Ireland can be expelled from the EU. In fact its own rules state that for a treaty to come into effect it must be ratified by all member states. Both France and the Netherlands rejected the Constitution in 2005 and neither was isolated nor did their economies collapse or lose investment. In fact the level of foreign investment in France post the 2005 rejection of the Constitution actually increased. Indeed the IDA admitted that foreign direct investment in Ireland actually increased post Lisbon 1. It is preposterous to suggest that companies base their decisions to invest on how a state votes in a European Union referendum. The incredibly low rate of corporation tax in the 26 counties is the main reason why US multinationals have established operations here. Furthermore, there is already a jobs catastrophe sweeping Ireland with over 500,000 people already unemployed and that figure is still rising. This is a direct result of the neo-liberal policies advanced by the European political elite and proposed in Lisbon. The Lisbon treaty commits member states to the free market where ‘competition is not distorted’ and seeks to remove all restrictions on the movement of goods, services and capital. Meanwhile rulings from the European Court of Justice in the Laval and Viking cases will accelerate the ‘race to the bottom’ in pay and conditions. Lisbon places restrictions on member states’ economic policies, restricting this state’s ability (if it so chose) to borrow in order to launch a stimulus package to generate jobs in the economy. If passed the Lisbon Treaty would represent an advance for those who have destroyed the economy and are currently being bailed out by the government. Lisbon if passed would represent a major set back for workers already facing the prospect of unemployment or working class communities facing savage cuts as outlined in the McCarthy report. A. You should read more on this website and through the links provided on what the Lisbon Treaty will actually mean for you. You should encourage friends, family and work colleagues to become familiar with the issues. You should join the campaign against the treaty. You should Vote NO. Q. How can I campaign against the Treaty? A. You can support the NO to Lisbon campaign by contacting info@eirigi.org or by supporting the Campaign Against the EU Constitution, of which éirígí is a member.
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