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"The subject matter, nature and context of a promise of this kind place it in the realm of politics, not of the courts, and the question whether the government should be held to such a promise is a political rather than a legal matter. In particular, in this case the decision on the holding of a referendum lay with parliament, and it was for parliament to decide whether the government should be held to any promise previously made."
A Little bit of a stray from the OP (only a little), when Lisbon is fully ratified and implemented, what will be the status of non-EU created U.K law (common and civil), U.K regulation, U.K law enforcement and enactment agents, U.K bailiffs, U.K politicians and other such entities?
That question might sound daft but, under Lisbon, will not the charges of all entities of U.K authority be nulled where they are not EU certified? I'm thinking along the lines of the U.K no longer having sovereign status and being empowered only to act according to EU law, regulation and other directives - pretty much as only EU certificated electricians may undertake electrical work, plumbers plumbing, mechanics mechanics etc.
Or have I missed something?
in paragraph 2, the words ‘The Council, meeting in the composition of the Heads of State
or Government and acting by unanimity’ shall be replaced by ‘The European Council,
acting by unanimity’ and the words ‘the government of the Member State in question’
shall be replaced by ‘the Member State in question’;
the third paragraph shall be replaced by the following:
‘The Union shall be founded on the present Treaty and on the Treaty on the Functioning
of the European Union (hereinafter referred to as “the Treaties”). Those two Treaties shall
have the same legal value. The Union shall replace and succeed the European
Community.’.
The Union shall establish an economic and monetary union whose currency is the euro.
Pursuant to the principle of sincere cooperation, the Union and the Member States shall,
in full mutual respect, assist each other in carrying out tasks which flow from the Treaties.
The Member States shall take any appropriate measure, general or particular, to ensure
fulfilment of the obligations arising out of the Treaties or resulting from the acts of the
institutions of the Union.
The Member States shall facilitate the achievement of the Union's tasks and refrain from any
measure which could jeopardise the attainment of the Union's objectives.’.
The institutions of the Union shall apply the principle of subsidiarity as laid down in the
Protocol on the application of the principles of subsidiarity and proportionality. National
Parliaments ensure compliance with the principle of subsidiarity in accordance with the
procedure set out in that Protocol.
in paragraph 2, the words ‘The Council, meeting in the composition of the Heads of State
or Government and acting by unanimity’ shall be replaced by ‘The European Council,
acting by unanimity’ and the words ‘the government of the Member State in question’
shall be replaced by ‘the Member State in question’;
The Union shall have an institutional framework which shall aim to promote its values,
advance its objectives, serve its interests, those of its citizens and those of the Member States,
and ensure the consistency, effectiveness and continuity of its policies and actions.
The Union's institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as “the Commission”),
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors.
1. The European Parliament shall, jointly with the Council, exercise legislative and
budgetary functions. It shall exercise functions of political control and consultation as laid
down in the Treaties. It shall elect the President of the Commission.
2. The European Parliament shall be composed of representatives of the Union's citizens.
They shall not exceed seven hundred and fifty in number, plus the President. Representation of
citizens shall be degressively proportional, with a minimum threshold of six members per
Member State. No Member State shall be allocated more than ninety-six seats.
The European Council shall adopt by unanimity, on the initiative of the European Parliament
and with its consent, a decision establishing the composition of the European Parliament,
respecting the principles referred to in the first subparagraph.
3. The members of the European Parliament shall be elected for a term of five years by
direct universal suffrage in a free and secret ballot.
4. The European Parliament shall elect its President and its officers from among its
members.’.
1. The Commission shall promote the general interest of the Union and take appropriate
initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by
the institutions pursuant to them. It shall oversee the application of Union law under the
control of the Court of Justice of the European Union. It shall execute the budget and manage
programmes. It shall exercise coordinating, executive and management functions, as laid down
in the Treaties. With the exception of the common foreign and security policy, and other cases
provided for in the Treaties, it shall ensure the Union's external representation. It shall initiate
the Union's annual and multiannual programming with a view to achieving interinstitutional
agreements.
2. Union legislative acts may only be adopted on the basis of a Commission proposal,
except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a
Commission proposal where the Treaties so provide.
3. The Commission's term of office shall be five years.
The members of the Commission shall be chosen on the ground of their general competence
and European commitment from persons whose independence is beyond doubt.
In carrying out its responsibilities, the Commission shall be completely independent. Without
prejudice to Article 9 E(2), the members of the Commission shall neither seek nor take
instructions from any Government or other institution, body, office or entity. They shall refrain
from any action incompatible with their duties or the performance of their tasks.
In carrying out its responsibilities, the Commission shall be completely independent.
Without prejudice to Article 9 E(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity.
They shall refrain from any action incompatible with their duties or the performance of their tasks.
The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives.’.
Originally posted by dracodie
And to my surprise the media (at least in my country) does not talk about the treaty , most people never heard about the treaty , what matters now in europe is the European Football Championship , thats what worries the media , and the common person.
Originally posted by meremortal
ireland voted no and it looks like they will get us vote again untill we vote yes!
what part of NO do they not understand?