Democrat - June 2005 (Number 88)
The ratification process must stop
If there is a technicality about
continuing the ratification process it must be in international law and based
on simple common sense. The current EU is an intergovernmental arrangement. In political terms it
would be impractical to carry on with ratification if France, Holland, or both declare they cannot ratify. To have one or more Member States carrying on as though Nice applied and the rest in an EU state with a
Constitution is an impossible situation.
This is what happened over Denmark and Maastricht where an opt out was devised
and a second referendum held. Ireland voted against the Nice Treaty and was then bullied
into a second referendum because the Prime Minister told the Council that he
would hold a second referendum. The Irish rules were altered and electorate
lied to. Both Denmark and Ireland are required by their national Constitutions to hold referendums on
changes which would be caused by EU Treaties.
The only way to carry on the ratification process is for these two Government
heads to go to the Council of Ministers, which remains an intergovernmental
arrangement, and say they will find a way to ratify the Treaty in the future.
Hence the call for the ratification process to continue by the Commission and
all vested interests.
One reference of interest is a Declaration in the EU Constitution which
is not legally binding and of course is not relevant because the thing has not been
ratified. This will not stop the Declaration being pedalled.
Declaration No. 30 reads: "The Conference notes that if, two years after
the signature of the Treaty establishing a Constitution for Europe, four fifths of the Member States have ratified it and one or more
Member States have encountered difficulties in proceeding with ratification,
the matter will be referred to the European Council."
There is no legal requirement for the ratification process to
continue.
If the Constitution were in place there would no longer be any need for
ratification as the EU will have its own legal status, would act like a State
and amend the laws and Constitution itself.
All those who support democracy and the right to self determination must
ensure the Treaty is killed off and certainly not ask for Britain to hold a referendum. To help ensure this happens every
pressure must be exerted to ensure the ratification process is called off at
the European Council of Ministers (summit) on 16 June.
As we go to press Britain has announced it will shelve the referendum.