Where is the commissioner guarantee?

[eurosceptic]

Well where is it. FT has alluded to this recently. I didnt see it in the so-called "guarantees". Where is the legal decision to have a full sized commission? In the abscence of a legal decision there is wriggle room for a new government/primeminister anywhere in europe to say "i never agreed to that". I smell a con-job.
Given that we concede our veto over the commission under Lisbon this is doubly worrying.

[He3]

Far be it from me to doubt anything that the Department of Foreign Affairs puts through my letterbox on a postcard, but you are asking a fair question.

ibis? hbap? Tommy?

[FutureTaoiseach]

Here is the text of the 'guarantees'. Of them, only the Council "decisions" are legally-binding and even they can be annulled by the ECJ if they find them to be in violation of the Treaties. The Council decisions are as follows, and as eurosceptic says, contain no mention of the Commissioner:

A. Guarantee on provisions of the Constitution of Ireland on the protection of the
right to life, family and education
RIGHT TO LIFE, FAMILY AND EDUCATION
Nothing in the Treaty of Lisbon attributing legal status to the Charter of Fundamental Rights of the European Union, or in the provisions of that Treaty in the area of Freedom, Security and Justice affects in any way the scope and applicability of the protection of the right to life in Article 40.3.1, 40.3.2 and 40.3.3, the protection of the family in Article 41 and the protection of the rights in respect of education in Articles 42 and 44.2.4 and 44.2.5 provided by the Constitution of Ireland.

B. TAXATION
Nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or
operation of the competence of the European Union in relation to taxation.

C. Guarantee on security and defence
SECURITY AND DEFENCE
The Union’s action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The Union’s common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State. The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality. It will be for Member States – including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality – to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory. Any decision to move to a common defence will require a unanimous decision of the European Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence. Nothing in this Section affects or prejudices the position or policy of any other Member State in security and defence. It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structure cooperation or the European Defence Agency. The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation. It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities. It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation

This is followed by a non-binding statement by the European Council on workers-rights:

SOLEMN DECLARATION ON WORKERS’ RIGHTS, SOCIAL POLICY AND OTHER
ISSUES
The European Council confirms the high importance which the Union attaches to:
• social progress and the protection of workers’ rights;
• public services;
• the responsibility of Member States for the delivery of education and health services;
• the essential role and wide discretion of national, regional and local authorities in providing,
commissioning and organising services of general economic interest.
In doing so, it underlines the importance of respecting the overall framework and provisions of the
EU Treaties.
To underline this, it recalls that the Treaties as modified by the Treaty of Lisbon:
• establish an internal market and aim at working for the sustainable development of Europe
based on balanced economic growth and price stability, a highly competitive social market
economy, aiming at full employment and social progress, and a high level of protection and
improvement of the quality of the environment;
• give expression to the Union’s values;
• recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights of
the European Union in accordance with Article 6 of the Treaty on European Union;
• aim to combat social exclusion and discrimination, and to promote social justice and
protection, equality between women and men, solidarity between generations and protection
of the rights of the child;
• oblige the Union, when defining and implementing its policies and activities, to take into
account requirements linked to the promotion of a high level of employment, the guarantee
of adequate social protection, the fight against social exclusion, and a high level of
education, training and protection of human health;
• include, as a shared value of the Union, the essential role and the wide discretion of national,
regional and local authorities in providing, commissioning and organising services of
general economic interest as closely as possible to the needs of the users;
• do not affect in any way the competence of Member States to provide, commission and
organise non-economic services of general interest;
• provide that the Council, when acting in the area of common commercial policy, must act
unanimously when negotiating and concluding international agreements in the field of trade
in social, education and health services, where those agreements risk seriously disturbing the
national organisation of such services and prejudicing the responsibility of Member States to
deliver them; and
• provide that the Union recognises and promotes the role of the social partners at the level of
the European Union, and facilitates dialogue between them, taking account of the diversity
of national systems and respecting the autonomy of social partners.

The Institution for International and European Affairs actually admits the workers-rights declaration is not legally-binding, which effectively makes it meaningless:

The ‘Solemn Declaration’ does not have legally binding value, but is a restatement of EU policies
as set out in the Lisbon Treaty and the existing treaties.

Then there is a "national declaration" by the Irish Government, which again is not legally-binding:

Ireland reaffirms its attachment to the aims and principles of the Charter of the United Nations, which confers primary responsibility for the maintenance of international peace and security upon the United Nations Security Council. Ireland recalls its commitment to the common foreign and security policy of the European Union, as approved on several occasions by the Irish people through referendum. Ireland confirms that its participation in the European Union’s common foreign and security policy does not prejudice its traditional policy of military neutrality. The Treaty on European Union makes clear that the Union’s security and defence policy shall not prejudice the specific character of the security and defence policy of certain Member States. In line with its traditional policy of military neutrality, Ireland is not bound by any mutual defence commitment. The Treaty on European Union specifies that any decision by the Union to move to a common defence would have to be taken by unanimous decision of the Member States and adopted in accordance with their respective constitutional requirements. The Constitution of Ireland requires that a referendum be held on the adoption of any such decision applicable to Ireland and this requirement will not be affected should Ireland ratify the Treaty of Lisbon. Ireland reiterates it commitment to the ideal of peace and friendly cooperation amongst nations and to the principle of the peaceful resolution of international disputes. It reaffirms its strong commitment to conflict prevention, resolution and peacekeeping, and recalls the record of achievement of its personnel, military and civilian, in this regard. It reiterates that the participation of contingents of the Irish Defence Forces in overseas operations, including those carried out under the European common security and defence policy requires (a) the authorisation of the operation by the Security Council or the General Assembly of the United Nations, (b) the agreement of the Irish Government, and (c) the approval of Dáil Éireann, in accordance with Irish law. Ireland notes that nothing obliges it to participate in permanent structured cooperation as provided for in the Treaty on European Union. Any decision enabling Ireland to participate will require the approval of Dáil Éireann in accordance with Irish law. Ireland notes also that nothing obliges it to participate in the European Defence Agency, or in specific projects or programmes initiated under its auspices. Any decision to participate in such projects or programmes will be subject to national decision-making and the approval of Dáil Éireann in accordance with Irish law. Ireland declares that it will participate only in those projects or programmes that contribute to enhancing the capabilities required for participation in UN-mandated missions for peace-keeping, conflict prevention and strengthening international security, in accordance with the principles of the United Nations Charter.The situation set out in this Declaration would be unaffected by the entry into force of the Treaty of Lisbon. In the event of Ireland’s ratification of the Treaty of Lisbon, this Declaration will be
associated with Ireland’s instrument of ratification.

On the Commissioner, it is mentioned here in a "solemn-agreement" which again is not legally-binding:

Having carefully noted the concerns of the Irish people as set out by the Taoiseach, the European Council, at its meeting of 11-12 December 2008, agreed that, provided the Treaty of Lisbon enters into force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national from each Member State.

[eurosceptic]

This can be a godsend for the no side. The commissioner was to be jewel in the crown of the yes campaign. We have to push the message that the commissioner "guarantee" is a con-job.

[He3]

Agreement on the composition of the European Commission
Having carefully noted the concerns of the Irish people as set out by the Taoiseach, the European Council, at its meeting of 11-12 December 2008, agreed that, provided the Treaty of Lisbon enters into force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the Commission shall continue to include one national from each Member State.

Ah lads. Look at that oh so careful wording: the Commission shall continue to include one national from each Member State

All they need is one Commissioner with dual nationality and they are out the gap.

What UK political figure has dual UK-Irish citizenship?

[eurosceptic]

Dont worry H we have the special privelige of "suggesting" a candidate.

[He3]

Dont worry H we have the special privelige of "suggesting" a candidate.

Time for another postcard.

[toxic avenger]

The 'guarantees' are worthless, but the idea that anyone thought we were 'losing' a commissioner is laughable, just as the idea that the issue has now been 'resolved'. Vote 'no', as i will, or change your vote, but not for nonsense reasons.

[lostexpectation]

and how long will we keep this commissioner?

[He3]

If David Cochrane twigs this he'll be back on the No side faster than you can say qualified majority voting.