Speech from the leading German legal EU-expert:

Irish arguments against the Lisbon Treaty

by Karl Albrecht Schachtschneider
Erlangen-Nürnberg, 21th September 2009

Short version (Original text available on www.bioniere.org)

For all these reasons one has to reject the Treaty of Lisbon:

1. Repetition of the referendum on the same treaty in Ireland, even that the French and Dutch People have also said no to the 1st version of this constitutions Treaty plus the Irish NO in 2008 (statement of the editor: This is hardly democratic).

2. Concessions to Ireland are concessions only and do not change the Treaty (editor: so why another referendum when the Irish people already said a clear NO?).

3. The national constitutions are to remain – but the laws of the Union will have priority in application. The Irish people are being deceived if something else is pretended.

4. The Treaty clearly rules in article 311 paragraph 3 sentence 2 (TFEU) that the EU Council may decide unanimously on “new categories of EU financing”. This means NEW taxes in the first place.

5. With this decision of individual defence sovereignty (which by membership in the NATO is nearly abolished anyway) and defence capability of the member states taking part are completely ended, as is an essential part of their existential statehood. Ireland may in fact refuse common defence, but is then incapable of military defence, also against the military united member states of the Union. This aspect of sovereignty must not be ignored for the future.

6. Existential Loss of State: By means of the Lisbon Treaty the political situation in all member states will be turned over, mainly because the individual/formerly independent states become only member states in the Union state, the European Federal State.

While Sinn Féin’s Gerry Adams urges NO vote to Lisbon and UKIP MEP Marta Andreasen backs his message with her experience of a lifetime (listen to her speech!), Des Dalton, vice-president of Sinn Féin will soon be travelling abroad to discuss these same issues with the locals of Mittel Europa.

Don’t miss the opportunity in Vienna, on 8th of September, since Mr. Dalton will be accompanied by the very best of Germany and Austria - prof. Karl Albrecht Schachtschneider from Nürnberg and dr. Eva Maria Barki, expert in Nationality and Ethnic Law.

For all those from Ireland who would like to see prof. Schachtschneider live and hear his valid legal arguments against the Lisbon Treaty here comes a good news. He will be coming to Ireland at the invitation of Republican Sinn Féin from September 21 to 23.

In der Debatte um Steuerparadiese hat der luxemburgische Premierminister Jean-Claude Juncker der EU die Missachtung eigener Beschlüsse vorgeworfen. Er fährt grobes Geschütz auf.

Beim Weltfinanzgipfel am Anfang des Monats in London seien EU-Länder auf eine Liste von Steuerparadiesen gesetzt worden, obwohl die EU dies zuvor eindeutig abgelehnt habe, sagte Juncker in der Donnerstagsausgabe der belgischen Tageszeitung «La Libre Belgique».

«Die Europäer am Tisch der G-20 waren feige, weil sie nicht die richtigen Fragen an den US-Präsidenten (Barack Obama) gestellt haben. Es ist einfacher, Belgien und Luxemburg auf eine Liste zu setzen als eine harte Debatte mit Herrn Obama zu führen», sagte Juncker, dienstältester Regierungschef der EU.

Er fügte hinzu: «Ich glaube, die EU hat aufgehört, richtig zu funktionieren.» Belgien und Luxemburg seien mit Einverständnis einiger EU-Staaten auf eine graue Liste von Steuerparadiesen gesetzt worden.

42 Finanzzentren aufgelistet

Nach Abschluss des G-20-Gipfels der grössten Industrie- und Schwellenländer am 2. April hatte die Organisation für wirtschaftliche Zusammenarbeit und Entwicklung (OECD) 42 Finanzzentren aufgelistet, die bisher nicht oder nur beschränkt mit Steuerfahndern anderer Länder zusammenarbeiten.

Vier Länder landeten auf einer schwarzen Liste, während die EU-Länder Österreich, Belgien, Luxemburg und die Schweiz in einer grauen Liste geführt werden. In dieser Liste werden Länder und Gebiete aufgeführt, die eine Umsetzung der Regeln zugesagt, aber noch nicht ausreichend vollzogen haben.

Quelle: SDA/ATS

It is a general truth that in every country in Europe there are people who have realised that freedom, sovereignty and peace are things that must be preserved. Thus there are also initiatives in Austria that have been resisting ever since the country acceded to the EU.

The Irish people were the only country to be allowed to vote on the Treaty of Lisbon, and on 12 June 2008 held the entire treaty to be invalid and hence deny it entry into effect (Art. 54 Para. 2 EU Treaty). All democrats were hoping for this bold step, hoping that the Irish would not give way despite the international pressure, and we were unbelievably proud and grateful for this upright attitude.

Germany’s constitutional court is preparing for an unusually long hearing on the EU’s Lisbon treaty in a process that will help determine the fate of the document across the European Union.

Over two days next month (10-11 February) the court’s judges will discuss whether the treaty breaches Germany’s constitution.

The time the court has allotted for the debate is exceptionally long. According to Focus magazine, it only happens once or twice in a decade that the court gives more than one day for a hearing.

How come all media is repeating that “Ireland and Czech Republic are the only EU member states that have not yet ratified”? And also don’t forget Austria with the same legal story as Germany and Poland where their President is wise enough to wait.

More on euobserver.com.

How objective or how misleading is the majority of the European press to “overlook” such a decisive information? This is the news we’ve just received from our Austrian friends (are you sitting?):

• THE AUSTRIANS HAVE STILL NOT RATIFIED THE LISBON TREATY;
• it will take MONTHS for their Constitutional Court to come to a decent judgment.

The movement “Heimat und Umwelt” with its chairwoman Inge Rauscher and some other EU-critical associations have brought an action against the EU reform treaty on 23rd October, 2008 at the Austrian Constitutional Court.

It has was written by one of the most renowned experts in this field, Prof. Dr. Karl. A. Schachtschneider who was also responsible for the action against the Lisbon Treaty in Germany where due to a decision of the Constitutional Court in Karlsruhe the President of the Federal Republic of Germany has not been allowed to sign this treaty.

A further sign that resistance does exist, not only in Ireland where the EU could not hide it under the carpet. The Austrian media reported on this important event only in few insignificant lines.

The moral of the story: Never give up hope!

More info at:

• www.webinformation.at
• the site of the Austrian Constitutional Court (only in German language) where you can read about two legal actions on Lisbon Treaty being rejected since “the Lisbon Treaty has not yet been published in the Official Gazette (Bundesgesetzblatt)” but the one we’re writing about has all the bright legal future in front of it since it reaches even as far back as to the Amsterdam Treaty.

• “Die Presse”, Print-Ausgabe, 24.10.2008

A must read article from The Telegraph.

Among others you’ll read:

Mr Valéry Giscard d’Estaing told the Irish Times that Ireland’s referendum rejection would not kill the Treaty, despite a legal requirement of unanimity from all the EU’s 27 member states.

“We are evolving towards majority voting because if we stay with unanimity, we will do nothing,” he said.

“It is impossible to function by unanimity with 27 members. This time it’s Ireland; the next time it will be somebody else.”

“Ireland is one per cent of the EU”.

Mr Giscard d’Estaing also admitted that, unlike his original Constitutional Treaty, the Lisbon EU Treaty had been carefully crafted to confuse the public.

“What was done in the [Lisbon] Treaty, and deliberately, was to mix everything up. If you look for the passages on institutions, they’re in different places, on different pages,” he said.

“Someone who wanted to understand how the thing worked could with the Constitutional Treaty, but not with this one.”

France and Germany are putting pressure on Ireland to hold a second referendum which would allow the Lisbon Treaty to come into force before European elections on June 4 2009.

Mr Giscard d’Estaing believes “there is no alternative” to a second Irish vote, a view shared by Nicolas Sarkozy, the French President.

…and there are nine million bicycles in Beijing.

While at the same time interesting news is coming from Austria:

The Austrian Socialist Party declared yesterday, that they demand a referendum on the renamed EU Constitution (Lisbon Treaty) in case there will be something changed in this Treaty! Apart from that they demand a referendum on the EU membership of Turkey.

This change is absolutely incredible and is the result of the new polls (Eurobarometer) that state that only 28% of the Austrians have a positive opinion about EU.

Now the Greens ant the ÖVP (Christian Party, in coalition with SPÖ) are really shocked and it is possible, that there will be new elections soon.

Best regards,

Gabriele Wladyka

And best of regards to you, Gabriele!

Article from Jutarnji list:

Amongst the 1000 asked citizens of Croatia only 30% of them share the opinion that the membership in EU is “a good thing”, while 39% are “neutral” or think that “the membership is neither good or bad”.

Quite to the contrary Macedonians (FYROM) would gladly accept EU - 72% are in favour.

Croatia is one year away from technical closing of membership negotiations. Most pressure has been around ZERP (Law on Ecological and Fishing Belt) and around shipbuilding scandals. Also extremely mild attitude from EU against Serbia and its Hague tourists has been detrimental for the Croatian optimism.

In EU member states as Ireland, Denmark, Poland, Slovenia and Netherlands there are between 70% to 80% of those who see much larger benefits than negative aspects.

In lands like Hungary and Austria around half of the people sees EU as “more damage than benefits”.

In Croatia again only 44% believe that possible membership in EU will bring benefits, while 50% of Turks thinks the same for Turkey and in Macedonia(FYROM) 80% of those asked.

Spain has had an intense Thursday. Firstly their MP’s defeated Democracy by 322 in favor and 6 against (plus 2 abstained) over the question of renamed EU Constitution.

Afterwards in the evening “Furia” defeated “Zbornaya Komanda” by 3 against 0.

Second victory was definitely more dignified.

From Austria there is more news on a chance for a referendum - leading SPÖ party will demand a referendum over the renamed EU Constitution if in future any changes will be made to the existing treaty. That has been announced by the Austrian MEP Hannes Swoboda.

source: SiOL.net

Many unclear and foggy manoeuvres will remain the trademark of this year’s ratification process.

Due to diverse legislation procedures in all 27 EU member-states it is hard to keep track of specific ratification in one member. In this manner Austria only yesterday legally ratified the REUC (Lisbon Treaty) when their President “Heinz Fischer on Monday (28th of April) signed the Lisbon Treaty “after conscientious examination of all the factors,” thus formally finalising the ratification process in Austria.

And EUobserver continues with logical conclusion that “ten other countries have ratified the document.”

What is more worrying is that it’s so hard to find any news on the status of specific ratifications - in Czech Republic and in Germany ratifications are legally and practically still far from finalisations. In Slovenia the Constitutional Court still has not found the time to investigate possible breaches of Constitution regarding holding a referendum. We have seen news from Hungary that individual court cases have been raised.

However if it’s Ireland we have to be worried about - apparently the skies are becoming clearer by the day: “Polls are narrowing”. Also people in Ireland are measurably (62%) under-informed over the gargantuan treaty.

Fact is - we have to prepare ourselves for “the day after”. It will be Friday June 13th and it will be a good day for Europe and the World if this monster of a treaty is stopped.

NEWSFLASH: Quite a charming news came from the Great Britain yesterday (2nd of May). Namely millionaire Stuart Wheeler has succeeded in gaining leave to appeal from the High Court over the government’s refusal to hold a referendum on the EU (constitutional) Lisbon treaty. The proceedings started last month and now two judges have ruled that there is an “arguable case” which warrants of full hearing. This, we are told, is likely to take two days, scheduled for 9-10 June.

Although Mr. Wheeler is considered by many as a man of good fortune it would not go well in the history of the Great Britain and Europe in general if he would be stood out alone with quite enormous litigation costs on his own back. Therefore he did make space for his kinsmen and other European activists to help him in the legal quest for justice, democracy and freedom.

Interesting - on 9th and 10th of June mr. Bush of USA comes to Europe and on 12th of June Ireland tosses the dice.

Austrian political Platform Volxabstimmung is organising peaceful protest in Vienna on Saturday. They will attempt to make human chain around the Austrian Parliament. Be there at 15:00.

EUobserver.com launched the following news from Ireland:

Irish PM Bertie Ahern has abruptly resigned as a result of a corruption scandal. ‘I’ve never done anything to corrupt my office’ he said upon the announcement. A commission spokesperson refused to speculate what effect early elections may have on the upcoming Irish referendum on the Lisbon Treaty.
Mr. Ahern has therefore earned himself an honorary title of “The perfect European”

They have everything! They have 1st class democracy, they enjoy all the fruits of developed European economy, they can travel all across Europe without being bored at the border crossings. So what is it they are prepared to demonstrate against?

As you could already see we started using letters REUC for “The Renamed EU Constitution”.

Austrian NGO’s are well aware that through REUC Austrian status of military neutrality will be gravely endangered. This is why they are organising large demonstrations in Vienna on Saturday, 29th of March 2008.