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Thread: Article 48.5 - The Back Door

  1. #1
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    Article 48.5 - The Back Door

    Article 48

    5. If, two years after the signature of a treaty amending the Treaties, four fifths of the Member
    States have ratified it and one or more Member States have encountered difficulties in proceeding with
    ratification, the matter shall be referred to the European Council.

    I feel better now.
    A demagogue is someone who will preach doctrines he knows to be untrue to men he knows to be idiots.

  2. #2
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    Re: Article 48.5 - The Back Door

    Article 48.5 of what? If it is Lisbon itself, it has no effect, since it requires all to accept it to bring it into legal force.

    But surelly it would be the European Council who would have to deal with it anyway?
    We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns — the ones we don't know we don't know.

  3. #3
    Politics.ie Member FutureTaoiseach's Avatar
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    Re: Article 48.5 - The Back Door

    It doesn't give the Council the power to make changes other than unanimously, and even then changes made cannot be ratified in Ireland without referendum. This is Article 48.5 pre-Lisbon. Thankfully we have rejected Lisbon and by extension the new Article 48 with its 'simplified ratification process' which would have allowed Brussels bureaucrats and the Irish elites to get around the need for a referendum. So dream on.

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    Re: Article 48.5 - The Back Door

    Quote Originally Posted by FutureTaoiseach
    It doesn't give the Council the power to make changes other than unanimously, and even then changes made cannot be ratified in Ireland without referendum. This is Article 48.5 pre-Lisbon. Thankfully we have rejected Lisbon and by extension the new Article 48 with its 'simplified ratification process' which would have allowed Brussels bureaucrats and the Irish elites to get around the need for a referendum. So dream on.
    I didn't say that it gave the Council any power in relation to Ireland.

    It gives them the power to find a solution without unanimous ratification.
    A demagogue is someone who will preach doctrines he knows to be untrue to men he knows to be idiots.

  5. #5
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    Re: Article 48.5 - The Back Door

    It might be a future back door but not now. 48.5 is not yet part of the Consolidated Treaties.

    It would be an interesting question to put to the Referendum Commission next time (and let's face facts - there will be a next time) - "what could the European Council do in that circumstance, a vetoed treaty being referred to them"?

  6. #6
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    Re: Article 48.5 - The Back Door

    Quote Originally Posted by MarkD
    It might be a future back door but not now. 48.5 is not yet part of the Consolidated Treaties.
    No, but all the nations have signed the Treaty, so from that point of view, it has effect.
    A demagogue is someone who will preach doctrines he knows to be untrue to men he knows to be idiots.

  7. #7
    Politics.ie Regular borntorum's Avatar
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    Re: Article 48.5 - The Back Door

    Quote Originally Posted by goosebump
    Article 48

    5. If, two years after the signature of a treaty amending the Treaties, four fifths of the Member
    States have ratified it and one or more Member States have encountered difficulties in proceeding with
    ratification, the matter shall be referred to the European Council.

    I feel better now.
    Democracy's a bitch, isn't it?

  8. #8
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    Re: Article 48.5 - The Back Door

    Quote Originally Posted by goosebump
    Quote Originally Posted by MarkD
    It might be a future back door but not now. 48.5 is not yet part of the Consolidated Treaties.
    No, but all the nations have signed the Treaty, so from that point of view, it has effect.
    I was going to answer this but instead I'll just say: Prove it.

  9. #9
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    Re: Article 48.5 - The Back Door

    A nice try by the Euro Nazis but Lisbon is dead in Ireland anyway and technically legally all over Europe as well.

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