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Thread: Treaty draft published - government horror at 'unorthodox' release

  1. #1
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    Default Treaty draft published - government horror at 'unorthodox' release

    The release of this draft treaty has been greeted with serious disapproval by our government. Why do they feel we should not be allowed to see it? I thought censorship was a thing of the past in Ireland?



    DRAFT
    INTERNATIONAL AGREEMENT ON A REINFORCED ECONOMIC UNION
    THE CONTRACTING PARTIES………..
    CONSCIOUS of the obligation of the Contracting Parties, as Member States of the European
    Union, to regard their economic policies as a matter of common concern,
    DESIRING to promote conditions for stronger economic growth in the European Union and, to that end, to develop ever-closer coordination of economic policies within the euro area,
    BEARING IN MIND that the coordination of the economic policies of the Contracting Parties, as
    Member States of the European Union, is based on the objective of sound and sustainable
    government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and employment,
    BEARING IN MIND that the need for governments to prevent a government deficit becoming
    excessive is of an essential importance to safeguard the stability of the euro area as a whole, and accordingly requires the introduction of specific rules to address this need, including the need to take necessary corrective action,
    CONSCIOUS of the need to ensure that their deficits remain below 3 % of their gross domestic
    product at market prices and that government debt is below, or sufficiently declining towards, 60 % of their gross domestic product at market prices,
    RECALLING that the Contracting Parties, as Member States of the European Union, should refrain from adopting any measure which could jeopardise the attainment of the Union's objectives in the framework of the economic union, notably the practice of accumulating debt outside the general government accounts,
    BEARING IN MIND that the Heads of State or Government of the euro area Member States agreed
    on 9 December 2011 on a reinforced architecture for Economic and Monetary Union, building upon the European Treaties and facilitating the implementation of measures taken on the basis of Articles 121, 126 and 136 of the Treaty on the Functioning of the European Union,

    BEARING IN MIND that the objective of the Heads of State or Government of the euro area
    Member States and of other Member States of the European Union remains to incorporate the
    provisions of this Agreement as soon as possible into the Treaties on which the European Union is founded,
    TAKING NOTE, in this context, of the intention of the European Commission to present further
    legislative proposals within the framework of the Union Treaties regarding a mechanism of ex ante reporting of debt issuance plans of the Member States of the European Union, a procedure of economic partnership programmes detailing structural reforms for euro area Member States in excessive deficit procedure as well as a new coordination procedure at the level of the euro area for major economic policy reform plans,
    TAKING NOTE that, when reviewing and monitoring the budgetary commitments under this
    Agreement, the European Commission will act within the framework of its powers as provided by
    the Treaty on the functioning of the European Union, in particular Articles 121, 126 and 136
    thereof,
    NOTING in particular that, for the application of the budgetary "Balanced Budget Rule" described in Article 3 of this Agreement, this monitoring will be made through the setting up of country specific reference values and of calendars of convergence, as appropriate, for each Contracting Party,
    NOTING that compliance with the obligation to transpose the "Balanced Budget Rule" into national legal systems at constitutional or equivalent level should be subject to the jurisdiction of the Court of Justice of the European Union, in accordance with Article 273 of the Treaty on the Functioning of the European Union,
    RECALLING the need to facilitate the adoption of measures under the excessive deficit procedure of the European Union for euro area Contracting Parties whose planned or actual government
    deficit to gross domestic product exceeds 3%, whilst strongly reinforcing the objective of that
    procedure, namely to encourage and, if necessary, compel the Member State concerned to reduce a
    deficit which might be identified,
    RECALLING the need for those Contracting Parties whose government debt exceeds the 60 %
    reference value to reduce it at an average rate of one twentieth per year as a benchmark,
    RECALLING the agreement of the Heads of State or Government of the euro area Member States
    on 26 October 2011 to improve the governance of the euro area, including the holding of at least
    two Euro Summit meetings per year, as well as the endorsement of the Euro Plus Pact by the Heads
    of State or Government of the euro area Member States and of other Member States of the
    European Union on 25 March 2011,

    STRESSING the importance of the Treaty establishing the European Stability Mechanism as an
    element of a global strategy to strengthen the Economic and Monetary Union,
    HAVE AGREED UPON the following provisions,

    TITLE I
    PURPOSE AND SCOPE
    Article 1
    1. By this Agreement, the Contracting Parties, which are Member States of the European
    Union, agree to strengthen their budgetary discipline and to reinforce their economic policy
    coordination and governance.
    2. The provisions of this Agreement shall apply to the Contracting Parties whose currency is
    the euro. They may also apply to the other Contracting Parties, under the conditions set out in
    Article 14.

    TITLE II
    CONSISTENCY AND RELATIONSHIP WITH THE LAW OF THE UNION
    Article 2
    1. This Agreement shall be applied by the Contracting Parties in conformity with the Treaties
    on which the European Union is founded, in particular Article 4(3) of the Treaty on European
    Union, and with European Union law.
    2. The provisions of this Agreement shall apply insofar as they are compatible with the
    Treaties on which the Union is founded and with European Union law. They shall not encroach
    upon the competences of the Union to act in the area of the economic union. In accordance with the
    case law of the Court of Justice of the European Union, European Union law has precedence over
    the provisions of this Agreement.

    TITLE III
    BUDGETARY DISCIPLINE
    Article 3
    1. The Contracting Parties shall apply the following rules, in addition to and without prejudice
    to the obligations derived from Union Law:
    a) Revenues and expenditures of the general government budgets shall be balanced or in
    surplus. The Contracting Parties may temporarily incur deficits only to take into account the
    budgetary impact of the economic cycle and, beyond such impact, in case of exceptional
    economic circumstances, or in periods of a severe economic downturn, provided that this
    does not endanger budgetary sustainability in medium term.
    b) The rule under point a) above shall be deemed to be respected if the annual structural deficit
    of the general government does not exceed a country-specific reference value, which ensures
    an adequate safety margin with respect to the 3 % reference value mentioned under Article 1
    of the Protocol (No 12) on the excessive deficit procedure annexed to the Treaty on
    European Union and to the TFEU (hereinafter 'Protocol No 12') as well as rapid progress
    towards sustainability, also taking into account the budgetary impact of ageing. The
    Contracting Parties shall ensure convergence towards their respective country-specific
    reference value. As a rule, the country specific reference value shall not exceed 0.5 % of
    nominal GDP.
    c) Where the debt level is significantly below the 60 % reference value mentioned under
    Article 1 of Protocol No 12, the country-specific reference value for the annual structural net
    deficit may take a higher value than specified under point b).
    2. The rules mentioned under paragraph 1 shall be introduced in national binding provisions of
    a constitutional or equivalent nature. The Contracting Parties shall in particular put in place a
    correction mechanism to be triggered automatically in the event of significant deviations from the
    reference value or the adjustment path towards it. This mechanism shall be defined at national level,
    on the basis of commonly agreed principles. It shall include the obligation of the Contracting Parties
    to present a programme to correct the deviations over a defined period of time. It shall fully respect
    responsibilities of national Parliaments.
    3. For the purposes of this Article, definitions set out in Article 2 of Protocol No 12 shall
    apply. In addition, the following definitions shall apply:
    - "annual structural deficit of the general government" means the annual cyclically-adjusted
    deficit net of one-off and temporary measures;
    - "exceptional economic circumstances" means an unusual event outside the control of the
    Contracting Party concerned, which has a major impact on the financial position of the
    government.

    Article 4
    When the ratio of their government debt to gross domestic product exceeds the 60 % reference
    value mentioned under Article 1 of Protocol No 12, the Contracting Parties undertake to reduce it at
    an average rate of one twentieth per year as a benchmark.
    Article 5
    The Contracting Parties that are subject to an excessive deficit procedure under the Union Treaties
    shall put in place a budgetary and economic partnership programme with binding value including a
    detailed description of the structural reforms necessary to ensure an effectively durable correction
    of their excessive deficits. Such programmes shall be submitted to the European Commission and
    the Council.
    Article 6
    The Contracting Parties shall improve the reporting of their national debt issuance. For that purpose,
    they shall report ex-ante on their national debt issuance plans to the European Commission and the
    Council.
    Article 7
    While fully respecting the procedural requirements of the Union Treaties, the Contracting Parties
    whose currency is the euro undertake to support proposals or recommendations put forward by the
    European Commission where a Member State whose currency is the euro is recognised by the
    European Commission to be in breach of the 3 % ceiling in the framework of an excessive deficit
    procedure, unless a qualified majority of them is of another view. A qualified majority shall be
    defined by analogy with Article 238(3)(a) TFEU and with Article 3 of Protocol N° 36 to the EU
    Treaties on transitional provisions and without taking into account the position of the Contracting
    Party concerned.
    Article 8
    Any Contracting Party which considers that another Contracting Party has failed to comply with
    Article 3(2) may bring the matter before the Court of Justice of the European Union. The judgment
    of the Court of Justice of the European Union shall be binding on the parties in the procedure,
    which shall take the necessary measures to comply with the judgment within a period to be decided
    by said Court. The implementation of the rules put in place by the Contracting Parties to comply
    with Article 3(2) will be subject to the review of the national Courts of the Contracting Parties.


    TITLE IV
    ECONOMIC CONVERGENCE
    Article 9
    Without prejudice to the economic policy coordination as defined in the Treaty on the Functioning
    of the European Union, the Contracting Parties undertake to work jointly towards an economic
    policy fostering growth through enhanced convergence and competitiveness and improving the
    functioning of the Economic and Monetary Union. To this aim, they will take all necessary actions,
    including through the Euro Plus Pact.
    Article 10
    While fully respecting the procedural requirements of the Union Treaties, the Contracting Parties
    undertake to make recourse, whenever appropriate and necessary, to the enhanced cooperation on
    matters that are essential for the smooth functioning of the euro area, without undermining the
    internal market.
    Article 11
    With a view to benchmarking best practices, the Contracting Parties ensure that all major economic
    policy reforms that they plan to undertake will be discussed and coordinated among themselves.
    This coordination shall involve the institutions of the European Union as required by the law of the
    Union.
    Article 12
    Representatives of the Committees in charge of economy and finance within the Parliaments of the
    Contracting Parties will be invited to meet regularly to discuss in particular the conduct of
    economic and budgetary policies, in close association with representatives of the relevant
    Committee of the European Parliament.


    TITLE V
    EURO SUMMIT MEETINGS
    Article 13
    1. The Heads of State or Government of the Contracting Parties whose currency is the euro,
    (hereinafter "the euro area Heads of State or Government") and the president of the European
    Commission shall meet informally in Euro Summit meetings. The President of the European
    Central Bank shall be invited to take part in such meetings. The President of the Euro Summit shall
    be appointed by the euro area Heads of State or Government by simple majority at the same time
    the European Council elects its President and for the same term of office.
    2. Euro Summit meetings shall take place, when necessary, and at least twice a year, to discuss
    questions related to the specific responsibilities those Member States share with regard to the single
    currency, other issues concerning the governance of the euro area and the rules that apply to it, and
    in particular strategic orientations for the conduct of economic policies and for improved
    competitiveness and increased convergence in the euro area.
    3. Euro Summit meetings shall be prepared by the President of the Euro Summit, in close
    cooperation with the President of the European Commission, and by the Euro Group. The follow-up
    to the meetings shall be ensured in the same manner.
    4. The President of the Euro Summit shall keep the other Member States of the European
    Union closely informed of the preparation and outcome of the Euro Summit meetings. The
    President will also inform the European Parliament of the outcome of the Euro Summit meetings.

    TITLE VI
    GENERAL AND FINAL PROVISIONS
    Article 14
    1. This Agreement shall be ratified by the Contracting Parties in accordance with their
    respective constitutional requirements. The instruments of ratification shall be deposited with the
    General Secretariat of the Council of the European Union.

    2. This Agreement shall enter into force on the first day of the month following the deposit of
    the ninth instrument of ratification by a Contracting Party whose currency is the euro.
    3. This Agreement shall apply as from the day of entry into force amongst the Contracting
    Parties whose currency is the euro and which have ratified it. It shall apply to the other Contracting
    Parties whose currency is the euro as from the first day of the month following the deposit of their
    respective instrument of ratification.
    4. By derogation to Paragraph 3, Title V of this Agreement shall apply to all Contracting
    Parties whose currency is the euro as from the date of the entry into force of the Agreement.
    5. This Agreement shall apply to the Contracting Parties with a derogation as defined in
    Article 139(1) of the Treaty on the Functioning of the European Union, or with an exemption as
    defined in Protocol No 16 on certain provisions related to Denmark annexed to the Union Treaties,
    which have ratified it, as from the day when the decision abrogating that derogation or exemption
    takes effect, unless the Contracting Party concerned declares its intention to be bound at an earlier
    date by all or part of the provisions in Titles III and IV of this Agreement.
    __________
    Last edited by He3; 19th December 2011 at 01:26 PM.

  2. #2
    Politics.ie Member slippy wicket's Avatar
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    Looks like I will have to up the auld blood alcohol levels before i can understand that gobbledegook.
    Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery. Sir Winston Churchill

  3. #3
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    Quote Originally Posted by slippy wicket View Post
    Looks like I will have to up the auld blood alcohol levels before i can understand that gobbledegook.
    The people who claim to understand it are the ones who got us here

  4. #4
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    Twelve years too late!

  5. #5

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    Mmmm, looks familiar....

    “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.” - Friedrich A. Hayek

  6. #6

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    Quote Originally Posted by stakerwallace View Post
    Twelve years too late!
    70?


  7. #7
    Politics.ie Member Astral Peaks's Avatar
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    Not sure that is going to solve anything, but it seems to be very cognisant of National Parliaments?
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

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    Quote Originally Posted by CarnivalOfAction View Post
    70?

    Stop reading The Victor and The Hotspur!

  9. #9
    Politics.ie Member Astral Peaks's Avatar
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    Quote Originally Posted by Cassandra Syndrome View Post
    Mmmm, looks familiar....

    Come on CS, it is many things but that is not one of them.

    You are smarter than that!!!
    Last edited by Astral Peaks; 17th December 2011 at 12:07 AM.
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

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    While fully respecting the procedural requirements of the Union Treaties, the Contracting Parties
    whose currency is the euro undertake to support proposals or recommendations put forward by the
    European Commission where a Member State whose currency is the euro is recognised by the
    European Commission to be in breach of the 3 % ceiling in the framework of an excessive deficit
    procedure, unless a qualified majority of them is of another view.
    Harmonised Corpo-Tax

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