Senior German MEP says No vote could mean we leave EU

[Helium Three]

Cracks appear in the polite surface. The German Chair of the powerful Constitutional Affairs Committee of the EP is invoking a 'duty of loyal co-operation' which he says means Ireland cannot vote No and expect to stay in the EU regardless. No Irish government has ever told Irish citizens that the treaties we have signed up to previously, which contain an article mentioning a duty of 'co-operation', could be interpreted in this way. Herr Leinen's remarks are reported by Jamie Smyth in today's Irish Times.

Extract:

No vote may end EU membership - MEP
JAMIE SMYTH in Brussels

VOTE OPTIONS: THE CHAIRMAN of the European Parliament's constitutional affairs committee, Jo Leinen, has suggested that Ireland could be asked to leave the EU if it votes against the Lisbon Treaty.

He also said that another option would be for Ireland to seek opt-outs from various European policies and put an amended treaty to another referendum.

"If one country, Ireland or anyone else, is having a No and 26 (states) are having a Yes, it is as well not very democratic or acceptable that the 26 are blocked. Then I think it is reasonable to find out exactly what the No means. Is it a No to the total EU? Then, in fact, the country should leave the EU," Mr Leinen told The Irish Times.

Mr Leinen, who is one of the most senior German MEPs, said all member states had an obligation of "loyalty or loyal co-operation" to the EU, which meant a state should not misuse its veto right and block other countries.

Full text at the Times site. Modest sub required.

...

Treaty basis for Herr Leinen's opinion

The duty of loyal co-operation that Herr Leinen is relying on is in the existing treaties. It is repeated and expanded under Lisbon, and it applies both in the general areas of operation of the EU and specifically in the area of common foreign and security policy. Here are the relevant sections:

The Lisbon treaty puts this into the EU Treaty as a new Article 3a.3

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.

This replaces the present text in Article 10 of the EC treaty which says -

Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community’s tasks.

They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.

This concept known as loyal cooperation also exists in the common foreign and security area - as we can see from Article 11.3 of the proposed EU treaty which similarly expands on the version in present text. The new Article says:

The Member States shall support the Union’s external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity and shall comply with the Union’s action in this area.

The Member States shall work together to enhance and develop their mutual political solidarity. They shall refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations.

The Council and the High Representative shall ensure compliance with these principles.

[corkman2007]

It'll never happen. Sure the poor aul' Latvians would be left defenceless.

It does put a different gloss on 'No' claims that rejecting Lisbon couldn't have any serious consequences though, doesn't it?

[Demotruk]

Yeah, they're on the side of democracy...

Herr Leinen, what was it that the Germans said when they were asked? Oh wait, they weren't, and there are people trying to get the ratification undone by the courts.

[ibis]

It'll never happen. Sure the poor aul' Latvians would be left defenceless.

It does put a different gloss on 'No' claims that rejecting Lisbon couldn't have any serious consequences though, doesn't it?

No, no - what it means is that simultaneously there are no negative consequences of voting No, and the Euro-elite is threatening us with negative consequences - which means they are also clearly being dishonest, since there are no negative consequences, as already stated.

[geraghd]

So that's not actually what he said or implied. He said that one would have to look into why we voted no, and then determine if this meant we reject the EU as the other 26 member states see it, which would be reason enough to reconsider membership.
However I don't agree with his statement that voting against what the other 26 member states vote for is as serious an issue as to consider membership and 'undemocratic' as he suggests, its a pretty big founding principle that unanimity is attained for the smooth progress of the EU beyond large boundaries such as those that might be contained within the various treaties.

[TimBuckII]

It'll never happen. Sure the poor aul' Latvians would be left defenceless.

It does put a different gloss on 'No' claims that rejecting Lisbon couldn't have any serious consequences though, doesn't it?

It also puts a different gloss on Irelands Veto and any willingness to use it.

[TradCat]

If it was put to a referendum in Germany it would probably be defeated too. Same in France, Holland and Britain. So in logic they would only remain as members after we were kicked out because their people were denied a say. Such a union is doomed anyway.

If the leading figures in the EU are so out of touch that they don't even have the democratic instincts or basic maturity to respond sensibly to a vote then they are no the right people to govern u at any level.

Leinen is a leading member of Party of European Socialists in the EP. This is now a question for the Labour Party. Do they agree with the analysis of their colleague? De Rossa has already voted against respecting our decision. Eamonn Gilmore will need to have something to say on this.

[Catalpa]

Nasty threats like this will backfire on the YES side and they know it.

I would expect Irish MEPS in favour of Lisbon will be having a quite word in Herr Leinen's ear telling him to Dún do bheal till after 12 June.

[DOD]

It's blatant scaremongering and an insult to our intelligence. Do you seriously think a yes vote should be imposed out of fear Corkman? Besides, as our membership of the EU is covered in the constitution, so we would have to pass a referendum to withdraw. Now, I hope the day comes, I really do, but anyone that thinks they can just kick us out are mistaken.

[constitutionus]

SOMEONES sounding scared