The arguments put forward here are disingenuous. He seems to be arguing that somehow the ECJ could require Ireland to introduce abortion and same sex marriage as a result of the Charter of Fudamental Rights. The EU has no competences in relation to social legislation so the matter could never come before the Court. The Lisbon Treaty requires the EU to apply the CFR and the ECHR in its area of competances. It is fundamentally incorrect to suggest that Lisbon extends competances in this way.
The Charter is not in the treaty, but is made legally binding by the treaty. Therefore you are into a grey area. The ECJ will decide, and generally the ECJ prefers universality to national exceptions. It is not as clear as you think.
The arguments put forward here are disingenuous. He seems to be arguing that somehow the ECJ could require Ireland to introduce abortion and same sex marriage as a result of the Charter of Fudamental Rights. The EU has no competences in relation to social legislation so the matter could never come before the Court. The Lisbon Treaty requires the EU to apply the CFR and the ECHR in its area of competances. It is fundamentally incorrect to suggest that Lisbon extends competances in this way.
padraigomairtin 2 years ago
Is a charter an act, or is it a charter?
christianpatriot125 2 years ago
Again. Key part of the phrase
OR ACTS MODIFYING OR SUPPLEMENTING THOSE TREATIES.
If the Charter is connected to the treaty of Lisbon it is supplementing it, therefore it falls under protocol 35's ruling.
it is not a grey area.
connla 2 years ago
The Charter is not in the treaty, but is made legally binding by the treaty. Therefore you are into a grey area. The ECJ will decide, and generally the ECJ prefers universality to national exceptions. It is not as clear as you think.
christianpatriot125 2 years ago
Protocol 35 of the Lisbon Treaty says exactly Nothing in the Treaties, or in the Treaty establishing the European Atomic Energy Community, or in
the Treaties or Acts modifying or supplementing those Treaties, shall affect the application in Ireland of
Article 40.3.3 of the Constitution of Ireland.
THe courts MUST follow the protocols thus abortion has nothing to do with the lisbon treaty.
connla 2 years ago
think if we were alright with abrtion it woulda been accepted but it aint and fair play.
stevienickslover 2 years ago
I'll be voting a big fat juicy NO again. The EU is fast becoming a dictatorship with no respect for Democracy.
ANTONELIUSMCGREGOR 2 years ago