Wednesday 1 July 2009

No Lisbon Treaty Until All Member States are Satisfied With Democratic Controls

The German Constitutional court has provided a blueprint for the United Kingdom under its new government (coming shortly) to reconsider the terms  which Brown's regime ratified and deposited as the UK's assent to the Lisbon Treaty. 

'The German parliament had given their  'chancellor and their ministers "too much freedom" in handing over competencies to Brussels and in passing new laws. In the future it won't be as easy as it often has been up until now for representatives of the 27 EU member states in Brussels to fiddle around and push through important decisions on a wide range of topics including personal or social security, cultural and legal questions or even military deployments involving German soldiers.

Before such decisions can be made, Germany's two legislative bodies, the Bundestag and the upper house of parliament, the Bundesrat, will have to give their approval. That might make the EU's work a little bit more cumbersome, but it will also be more democratic.' writes Der Spiegel.   

It seems that while the Lisbon Treaty as a whole does not conflict with the German Basic Law, every important piece of legislation the EU tries to enact under the Treaty must be considered by the German Parliament, and against Germany's sovereign Constitution.

If one of the 27 signatories has such provisions there can be no objection to all signatories retaining such nation state parliamentary controls over the European Union, particularly when they are held, perpetually,  as reserve powers by the most important and powerful state in the EU.  Otherwise it could be argued most reasonably that member states were treated unequally.

The United Kingom's ratification and depositing of the Treaty cannot be viewed as closed business within the United kingdom either, just as the changing terms on which other member states are ratifying and depositing make the UK's acceptance no longer closed business externally.  An unelected Executive using Crown powers is not people and Parliament after referendum and Parliamentary vote agreeing the Treaty. 

And if we have neither Constitution nor Constitutional Court, as do the other member states of the European Union, then matters will have to wait until the incoming government has provided us with them.  Too many member states of the European Union have pressing and centrally important domestic reasons to delay this Treaty until all have satisfied their electorates, from which all power is derived, that the balance of devolution of powers and democratic control is correct.

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