Seanad debates

Thursday, 9 July 2009

Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009: Second Stage

 

Photo of Eugene ReganEugene Regan (Fine Gael)

To state something as a matter of fact when it is self-evidently incorrect is not balanced or informed reporting. People in the media who are dealing with issues concerning the Lisbon treaty should at least do their homework.

The EU Heads of State and Government say that this international agreement is legally binding, which means that it is. In addition, it is an agreement under international law which will be registered in the United Nations. It is international law which becomes part of European law. These are not vague, general statements. In a series of cases, the European Court of Justice has already determined the principle that EU law is part of international law and that the principle of good faith, which is a rule of international law, is binding on the European Community. In one judgment, there is an unambiguous and unconditional prohibition of acts that are incompatible with the aims and objectives of international agreements. If we take this as an international agreement it means it is binding on the EU and on member states. If the European Commission comes forward with proposals which are incompatible with that agreement, it raises legal issues which can be addressed by the European Court. It is also for the latter court to deal with these types of issues under Article 292 of the treaty. If there are any disputes between member states or the European institutions on the interpretation of EU law, which is inevitably what would arise were this agreement to come into dispute, it is for the European Court to address them.

The obvious benefits of the EU have evidently manifested themselves over the past year whereby our economic and financial stability has been dependent on the assistance we have received from Europe. The values set out and reaffirmed in the Lisbon treaty, such as the Charter of Fundamental Rights, and all the improvements that have been made to the treaty mean that this is of huge benefit to Ireland. It is important that, as a small member state, we have a defined role in this structure and its institutions, which has self-evidently benefited this country since joining in 1973. There is a strong case for safeguarding and improving that system, and that is what the Lisbon treaty does. In light of the guarantees that have been provided on the number of Commissioners and the improvements the treaty brings to this country, I hope there will be consensus in this House and endorsement of the Lisbon treaty by many of the Senators who were reluctant to endorse it the last time.

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