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Madam,- You have given considerable space to correspondents on your letters and opinion pages urging us to vote NO on the Lisbon Treaty on the grounds that it makes us subject to the rulings of the European Court of Justice (EJC).  

However the Third Amendment to the Irish Constitution which ratified our membership of the EU in 1972 clearly states that

"No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State."

In other words we accepted the primacy of EU law and the EJC when we joined the EU and new constitutional amendments are only required when we confer additional powers to the EU.  The recent ruling of the German Consitutional Court reaffirms the same thing, except that in Germany, a referendum is not required to transfer additional powers to the EU.

Richard Green's Opinion piece (July 14th.) - complete with picture of a baby/foetus surrounded by red tape - makes the further point that the CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION might be interpreted by the ECJ to provide a right of abortion.  

However, nowhere does he mention which section of the Charter he is concerned about.  There is in fact no section dealing with abortion and plenty dealing with the right to life and the rights of the child

The CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION is a very simple and well written document which does not require a lawyer's training to read and understand.  It is a clear, unambiguous and wholly positive affirmation of basic human rights and decencies which should be the basis of any civilised society.

Perhaps Mr. Greene would be so good as to point out which sections he objects to, the most relevant of which appear to be the following:

"Article 2: Right to life

  1. Everyone has the right to life.

  2. No one shall be condemned to the death penalty, or executed.

Article 3: Right to the integrity of the person

  1. Everyone has the right to respect for his or her physical and mental integrity.

  2. In the fields of medicine and biology, the following must be respected in particular:

-- the free and informed consent of the person concerned, according to the procedures laid down by
law,
-- the prohibition of eugenic practices, in particular those aiming at the selection of persons,
-- the prohibition on making the human body and its parts as such a source of financial gain,
-- the prohibition of the reproductive cloning of human beings.

Article 4: Prohibition of torture and inhuman or degrading treatment or punishment

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 5: Prohibition of slavery and forced labour

  1. No one shall be held in slavery or servitude.

  2. No one shall be required to perform forced or compulsory labour.

  3. Trafficking in human beings is prohibited.

CHAPTER II: FREEDOMS

Article 6: Right to liberty and security

Everyone has the right to liberty and security of person.

Article 7: Respect for private and family life

Everyone has the right to respect for his or her private and family life, home and communications"

Just which sections of the Charter does Mr. Greene object to, or is he just scaremongering as usual?  

And why does he not admit that opposition to the ECJ is also opposition to our membership the EU, as the ECJ is an essential and inseparable part the EU which we agreed to accept on accession in 1973 and whose jurisdiction or powers are not changed in any way by the Lisbon Treaty?

notes from no w here

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Tue Jul 14th, 2009 at 07:26:28 AM EST

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