Prof Gerry Whyte sees Constitutional issue in debt brake rule

[sondagefaux]

Who?

Dr Gavin Barrett of UCD agreed that the proposed treaty was not protected by Article 29, but he pointed out that all legislation is, when passed, “of binding force and permanent character”.

If the Government tried to make the proposed treaty more permanent than any other law, then it would run into constitutional difficulties, he said.

UCD Research: Law

[sondagefaux]

Only one law professor is quoted in the Times today I think?

Sound and fury over largely symbolic treaty are misguided - The Irish Times - Fri, Feb 03, 2012

[sic transit]

Does the term Merkozy mean nothing to you sic?

If your flights were paid for, would you do a tour of the France and German capitals, giving their leaders the benefit of your thoughts?

I have no issues with those who are uncomfortable with the actions of the EU. Despite the frustration it evokes in me, unlike some I don't feel the need for silly labels nor the foot stomping that passes for discussion in Ireland. They just give people an excuse not to engage honestly and critically and opt for simplistic conclusions not founded in reality.

[He3]

I have no issues with those who are uncomfortable with the actions of the EU. Despite the frustration it evokes in me, unlike some I don't feel the need for silly labels nor the foot stomping that passes for discussion in Ireland. They just give people an excuse not to engage honestly and critically and opt for simplistic conclusions not founded in reality.

You think the term Merkozy is only used by people 'uncomfortable with the EU'?

Plenty of people see Merkozy as a development that is anathema to the Community method, and so a direct threat to the EU.

[sic transit]

You think the term Merkozy is only used by people 'uncomfortable with the EU'?

Plenty of people see Merkozy as anathema to the Community method, and so a direct threat to the EU.

No. I think it's a very lazy tabloid label and used as shorthand for a particular attitude. France and Germany will always be central and have been since the inception of the experiment. They cannot do things unilaterally. I'd also wonder what this "Community Method" is. Mostly the EU involves fairweather companions, lots of squabbles and wishy washy deals patched together by 27(not 2).

[He3]

They cannot do things unilaterally, true, but they can cook up quite a lot bilaterally.

That is called Merkozy, and it is a real phenomenon, not just a tabloid invention.

[He3]

Well you're agreeing with one law professor's article in the Irish Times, I'm just agreeing with a different law professor's article in the Irish Times.
.

Who?

Sound and fury over largely symbolic treaty are misguided - The Irish Times - Fri, Feb 03, 2012

You claim he is a professor, as Gerry Whyte is?

[sic transit]

They cannot do things unilaterally, true, but they can cook up quite a lot bilaterally.

That is Merkozy, and it is a real phenomenon, not just a tabloid invention.

Lots of things are cooked up in the EU and never happen. The French and Germans will always be key players so will always be at the centre no matter who proposed them. Our current unhealthy obsession with them is directly proportional to the mess we're in. As for Merkozy that's not what I said at all.

[Finbar10]

Some interesting analysis by Darren O'Donovan of the possible constitutionality of this treaty was posted up on humanrights.ie today (mostly a careful weighing up of just what is meant by permanency). Seems this will be the first in a series of posts.

The second post in this series is now up on humanrights.ie. It considers Crotty and some of the other rather inconsistent case law for past treaties (there's even an interesting comment by Gerry Whyte in the comments section).

[He3]

Lots of things are cooked up in the EU and never happen.

Lots of things cooked up by Merkozy do happen.