to the European Stability Mechanism(ESM)Treaty and the Art.136 TFEU
amendment to the EU Treaties purporting to authorise this Stability
Mechanism
Date: April 17th 2012
From Thomas Pringle, Independent Irish Member of Parliament (TD) for
the constituency of Donegal South-West.
Legal proceedings have been initiated by Thomas Pringle T.D.,
Independent Irish Member of Parliament for Donegal South-West,
challenging the Irish Government on fundamental aspects of the
European Stability Mechanism (ESM) Treaty and the Stability,
Coordination and Governance in the Economic and Monetary Union (Fiscal
Compact) Treaty
Pringle stated that he is "of the opinion that both treaties raise
serious legal difficulties both at the level of EU treaty law and
Irish Constitutional law.”
Stating “my primary democratic concern as both a citizen and as an
elected public representative is the integrity of the Irish
Constitution and the EU treaties which now form such an important part
of our constitutional framework. I believe that the matters that I
seek the clarification and assistance of the Court on are of crucial
importance not only for the citizens of this country but for the
future of the EU.”
Of special concern to him are the implications under the terms of the
ESM Treaty of a new permanent €700 billion bailout fund called the
European Stability Mechanism to be set up with power to call on
Ireland (at a time of that institution’s choosing) to make capital
contributions of up to €11,145,400,00 in various forms of capital.
"In this country’s case, this is the equivalent to approximately
one-third of Government Tax Revenue for 2011. This figure can be
increased at the sole behest of the ESM at any time in the future and
with no limit set in the treaty as to what may be sought from Member
States in the future.
"In effect this Stability Mechanism can direct the State to raise
sovereign debt, give the money so raised to it and can then decide,
where, when, whether and how it is to be spent.
"Therefore Ireland will not have power to control decisions regarding
the use of funds raised by it."
Implications - What if a majority of voters in the May referendum on
the Fiscal Compact Treaty vote in favour of imposing permanent
austerity rules on the country in order to get access to a proposed
permanent Eurozone loan fund only to discover that the treaty to
establish that fund is illegal under EU law and unconstitutional in
Ireland and may never in fact come into force?
Pringle said "On the 9th March last I wrote to Irish Taoiseach Mr Enda
Kenny, the Minister for Finance and the Minister for Foreign Affairs
detailing some of these very serious concerns. To date I have received
no reply to this correspondence beyond the usual standard
acknowledgement of receipt of the communication. I have now been left
with no other option but to take this course of action.”
Summary of the Case
"I am asking the Court to examine the legality of the amendment of
Article 136 of the Treaty on the Functioning of the European Union
(TFEU) before any further action is taken by Government to approve
that amendment. That amendment is being adopted under a so-called
'simplified revision procedure' of the EU treaties which I believe is
legally wrong. The changes being proposed are so fundamental that they
should go through the 'ordinary treaty revision procedure' to ensure
proper democratic scrutiny. They also require the approval of the
Irish people.
"I am also asking the Court to consider whether the ESM Treaty is in
breach of existing EU treaty principles which have been approved by
the Irish people in previous referendums and which are now therefore
part of our law.
"In addition I am asking the Court to decide whether the State can
ratify the Treaty Establishing the European Stability Mechanism
without first having the approval of the people in a referendum.
"The Treaty on Stability, Coordination and Governance in the Economic
and Monetary Union signed on 2nd March 2012 is intertwined with the
ESM Treaty. They each depend on the other.
"If I am right in my belief that the ESM Treaty is unlawful, then
there is in my opinion a question over the validity of the Treaty on
Stability, Coordination and Governance in the Economic and Monetary
Union."
Timing & Positioning Q & A
Pringle states that he "appreciates and welcomes the Irish
Government’s decision to submit the issue of the Fiscal Treaty to the
people by way of referendum", but he "has concerns that due to the
intense pressures on Government at this time, the need to put the
amendment to the EU treaties and the ESM Treaty to a referendum may
not yet have been fully scrutinised. In order to assist in that
scrutiny, he is seeking particular judicial review in these
proceedings.”
Ends
____
For further media information please contact:
Thomas Pringle TD: (From abroad) 00-353 - 87 6591 701
OR
Michelle Thomas (from abroad) 00-353- 86 2426 733 ; E-mail:
michelle.thomas@michcom.ie
No comments:
Post a Comment