Irish Supreme Court, Lisbon Treaty Appeal:

IRISH SUPREME COURT:

VALIDITY OF LISBON TREATY
REFERENDUM 2009:

Case stated by Petitioner:

 

The Petitioner in the Irish Supreme Court complaint on the validity

of the Irish Lisbon treaty referendum in October, 2009 has issued a press statement

on his complaint against the State:

Dublin, December 3, 2015.

Six years on Supreme Court case raises serious questions on validity of Lisbon-2 referendum and "Irish Guarantees" by private citizen, Mr Harry Rea, Republic of Ireland.

Press release

Mr. Harry Rea (Applicant) and Ireland and the Attorney General and Mr Maurice Coughlan the Referendum Returning Officer (Respondents) 2009/1042 JR

In the Supreme Court of Ireland on Monday 23rd November 2015, on appeal from the decision of the High Court, Application for Leave for Judicial Review, Mr Harry Rea, a plumber from Cork, presented a brief summary of his case to the Court.

He recalled that when the People voted in the second referendum on the Lisbon Treaty they did so on the promise that the "Irish Guarantees" would become a Protocol to the Treaty at the next accession treaty of a new member state. He said that the Court has to face up to the uncomfortable fact that the Irish State and the other States in the Union have failed to put that Protocol in place on the Accession of Croatia in 2013. That failure has effectively invalidated the Irish People’s ratification of the Lisbon Treaty. He said that it was against this background of Irish State failure and EU dysfunction that he was bringing the Leave Application.

His case is simple. The Government of Ireland negotiated a Treaty with the heads of the member states of the European Union in the form of a Decision. That Treaty put the protection of some of the Fundamental Rights of Irish Citizens into an international forum, in other words, the member states of European Union have guaranteed the rights of the Irish People.

Mr Rea asserted it is the responsibility of the Irish Government to protect Irish rights, However, the Lisbon Treaty Amendment to our Constitution does not contain any reference to the “Guarantees”. So the people were not asked to decide if they approved of the “Guarantees” Treaty made with the heads of state of the EU.

Article 29.4.9 can be invoked by a citizen if the State of Ireland adopted a decision to form a common defence policy in Europe that included Ireland. The Constitution in this Article mandates that the State shall not adopt such a policy. This is to some extent an expression of neutrality. It would have seemed a simple matter to have included all the guarantees in the same format - for example the State shall not transpose into Irish law any EU legislation that violates Irish Family Rights. In that way, any Family could invoke the Article to protect their rights against an EU law wrongly brought into force in Ireland. 

He said, as the State did not include the “Guarantees” into the referendum they are not a part of Irish internal law and asked the question – “In what forum can an Irish Citizen invoke the “Guarantees”?

He said the State has alienated its responsibilities to protect our rights to the other member States of the EU. It is not within its powers to do so without approval from the people by way of constitutional amendment. The Treaty known as the “Guarantees” needed the approval of the Irish people.      

He further said the disregard that the Irish State has for Irish Rights is plainly demonstrated by its failure to ensure that the Irish Protocol was put in place with the accession of Croatia to the EU.

Mr. Rea said that through the “Irish Guarantees” the State has made every other State in the European Union, apart from itself, responsible for questions regarding the Irish Constitution and the Rights of Irish Citizens thereunder. The net result of this is that questions about Ireland's Constitution, its meaning and interpretation, will be determined not in an Irish Court, but in a European Court in relation to the Treaty issues, whether in the form of a Decision of Heads of European States or as a Protocol.

Mr. Rea said that this was an impermissible alienation of powers. The people had never voted on the “Guarantees” and they do not form part of the amendment to the Irish Constitution.

The Court adjourned the case. The State will be asked to make submissions to the Court on the matter and Mr Rea was given three weeks to lodge an affidavit to inform the Court as to the accessible facts about the present status of the “Irish Guarantees” as a Protocol to the Lisbon Treaty.

End of Statement.

The Irish Chief Justice, Mrs Justice Susan Gageby Denham.

 The State has not yet supplied all relevant documents to the Petitioner as ordered by
 the Chief Justice, Mrs Justice Susan Gageby Denham, on 23 November 2015. The full
hearing may be delayed if the State requests further time to comply with the Supreme Court
order, but this is not likely to be granted considering  the firm attitude of the Chief Justice
last week.