They're apparently not, though. Either that, or the Treaty is not Germany's baby.
Against an utterly fixed narrative that small states spend their days in fear and trembling while the locker-room bullies strut about unchallenged, there's not much point in arguing.
Rubbish. Not sure you've even bothered reading the mechanisms before trotting this out. The two mechanisms are quite different in terms of how easy it is for large states to prevent sanctions. In one all they needed to do was not support them and they had pretty much a guaranteed block - in this version they need to line up a proper qualified majority, which includes a numerical majority.
And again we're back at a paranoid fear of the larger states. Plus, again, not reading the Treaty. The Treaty does not empower the states to take each other to court for breaches of the fiscal limits.
Sand wrote: » Couple of points: Or they simply don't share this imaginary quid pro quo you presume exists without any evidence whatsoever, other than hope... Have you *any* evidence at all that Germany is offering anything meaningful in exchange for this treaty? If they are, why are they not in the Treaty? Lets be clear - you're hoping that the Germans view this as an exchange or a payoff. The Germans themselves have said again and again and again and again - No.
Sand wrote: » So you think then that if Germany breaches the terms of the fiscal treaty that Ireland should bring Germany to court? You would be advocating that, right? I mean, what would Ireland have to fear from going against Germany in this post-conflict Europe of partners and common interests... If this Europe existed, we wouldn't need enforcement and the stability and growth pact would be perfectly sufficient. The reality is France and Germany blatantly ignored the Stability and Growth pact when it suited them and the only penalty measures taken were against Portugal in 2002 and Greece in 2005. Germany and France both used their influence to avoid penalties and will continue to do so. Giving France and Germany more power to bully smaller states is not going to solve that problem.
Sand wrote: » Actually you clearly didn't bother to read the mechanisms - the vote of the state in question was and is automatically discounted from the decision under the existing EU treaties so they never had a veto by simply not supporting them.When the Council adopts the measures referred to in paragraphs 6 to 9, 11 and 12, it shall act without taking into account the vote of the member of the Council representing the Member State concerned.A qualified majority of the other members of the Council shall be defined in accordance with Article 238(3)(a). They needed allies to block the mechanism previously, the same allies that will help them block the mechanism proposed under the fiscal treaty. They will find those allies for the same reasons - it will never be in the interests of the smaller states to go against the core when the core is bankrolling those small states.
Sand wrote: » You should know this: the spectre of Ireland and the other peripheral states being driven out of the EU and Euro if we didnt sign up to every daft deal proposed by the core has been pretty consistently advocated by supporters of the core narrative.
Sand wrote: » Wrong: Article 8 - 1Where a Contracting Party considers, independently of the Commission's report, that another Contracting Party has failed to comply with Article 3 (2), it may also bring the matter to the Court of Justice. Article 8-2If, on the basis of its own assessment or of an assessment by the European Commission, a Contracting Party considers that another Contracting Party has not taken the necessary measures to comply with the judgment of the Court of Justice referred to in paragraph 1, it may bring the case before the Court of Justice
2. The rules mentioned under paragraph 1 shall take effect in the national law of the Contracting Parties at the latest one year after the entry into force of this Treaty through provisions of binding force and permanent character, preferably constitutional, or otherwise guaranteed to be fully respected and adhered to throughout the national budgetary processes. The Contracting Parties shall put in place at national level the correction mechanism mentioned in paragraph 1.e) on the basis of common principles to be proposed by the European Commission, concerning in particular the nature, the size and the time-frame of the corrective action to be undertaken, also in the case of exceptional circumstances, and the role and independence of the institutions responsible at national level for monitoring the observance of the rules. This mechanism shall fully respect the prerogatives of national Parliaments.
Sand wrote: » I'll take your misdirection above though as admitting that no, you wouldnt be advocating Ireland take Germany to court should it breach the terms of the fiscal compact. I'm not sure why you believe any of the other smaller states would be much braver - and would any of France, Italy or Spain really champion a puritan stance against fiscal deficits and excessive debt? :pac:
Sand wrote: » For the record I'm not paranoid or fearful of Germany or the larger states - its just I'm not naive. I think they're simply representing their own interests and that fine. I'm going to vote No to this treaty and I hope the majority of the country follows suit as that is in Ireland's interests. I don't expect Germany to engage in any sort of vengeful or bitter retaliation against us as a result. I don't expect them to hold any grudges or engage in petty politics. I think that so long as we maintain an honest and reasonable attitude we will find the Germans and the EU and rest of the Eurozone will help us help ourselves. As I said we can happily point out to anyone concerned that we are already signed up to those fiscal limits and that we were model citizens in observing them up until 2008. The fear of angering Germany/the core.... that's the argument of the advocates of the treaty. Don't project it on to me, thanks.
Scofflaw wrote: » I'm happy enough if what Germany gets out of it is a greater trust in the other eurozone states. It would be nice if that trust led to some material payoff, but I don't view that as necessary. If the Fiscal Treaty were a straight exchange for something, I don't imagine it would buy something like eurobonds.
I guess if Germany didn't enact the corrective mechanisms required by the Treaty into law, yes, Ireland should take Germany to court. That seems unlikely, though. I think, however, that you think the Treaty gives the Member States the power to - or even requires them to - take each other to court over breaches of the fiscal limits in the Treaty. And that's not in fact the case.
That's a fair addendum, but doesn't change the point being made, which is that there is a difference between needing a minority to block and needing a majority to block. Since your ideas revolve around big-state/small-state differences, the difference should be obvious.
And coming back to this "small state/big state" mental thing, the states currently being bailed out are Portugal, Greece, and Ireland - but those on the watch list are Spain and Italy, which are not small states. So mapping a small state/big state divide onto the bailed-out/bailing-out divide doesn't match reality.
So? Leaving the EU has been pretty consistently advocated by opponents of the core narrative.
Yes...now you need to look up Article 3(2): In other words, the states can take each other to court over failure to enshrine the fiscal rules in an adequate format. Not over breaches of the fiscal limits on an ongoing basis.
See above. The question doesn't actually arise, because the Treaty does not empower the Member States to take each other to court over breaches of the fiscal limits. That is not the enforcement mechanism. A retraction of the charge of misdirection would be nice here - I may or may not be wrong (and I can't see where if I am) but I do not misdirect.
I haven't done so at any point, nor is that my argument or anything to do with it, so you may extend me the same courtesy, and drop claims I want to "appease" Germany, with all the overtones that carries. You say you're a realist, and you say you have no problem with Germany pursuing its interests, and that you don't see it as acting "bitter or vengeful". Neither do I. But you don't seem willing to factor in that "Germany" isn't a monolith, and that the German parliament is quite capable of frustrating their government's intentions when it comes to bailing out Ireland further. Germany is putting its hand in its pocket for ESM funding - something that has been legally challenged in Germany, and something that had to be steered through their parliament with a degree of care and concessions. If Ireland requires a second bailout - which at this point I see as likely, due to the continued market negativity and Ireland's upcoming 2014 fiscal requirements, which are currently unfunded - and does not have ESM access, I can see the German government having difficulties extending us further funding. Not because they don't want to, but because they undoubtedly will face both political and legal challenges to their ability to do so. On that basis I have no difficulty with voting Yes, because the upside is a certainty of bailout funding that actually improves our chances of not needing it, while the "downside" consists of accepting again those rules we are already signed up for and which, prior to this crisis, we were able to observe consistently. I don't see any actual downside in that, to be honest. cordially, Scofflaw
Lantus wrote: » What manner of fiscal management created such a perverse and sick situation where TD's could amass so much personal wealth?
Sand wrote: Yeah, I've read it - breaching the fiscal limits on an ongoing basis is by definition a failure to enshrine the fiscal rules in an adequate format. 3(2) states the national budgetary policy will meet the fiscal restrictions in 3(1). The rules set out in paragraph 1 shall take effect in the national law of the Contracting Parties at the latest one year after the entry into force of this Treaty through provisions of binding force and permanent character, preferably constitutional, or otherwise guaranteed to be fully respected and adhered to throughout the national budgetary processes. The Contracting Parties shall put in place at national level the correction mechanism referred to in paragraph 1(e) on the basis of common principles to be proposed by the European Commission, concerning in particular the nature, size and time-frame of the corrective action to be undertaken, also in the case of exceptional circumstances, and the role and independence of the institutions responsible at national level for monitoring compliance with the rules set out in paragraph 1. Such correction mechanism shall fully respect the prerogatives of national Parliaments. I dont think the Eurozone will be impressed by claims of "Shure, we are fully respecting the treaties - honest. We dunno how we keep on breaching the limits. Ah well, shure it'll sort itself out in the end". And you know that too. The "reassurance" that Germany seeks is that it will be able to intervene to investigate and punish "rogue states" in the Eurozone regardless of the Commission or the rest of the Eurozone. Articles 7 and 8 offers them that power. Without that power, the treaty is barely any more enforceable than the existing EU treaty.
The rules set out in paragraph 1 shall take effect in the national law of the Contracting Parties at the latest one year after the entry into force of this Treaty through provisions of binding force and permanent character, preferably constitutional, or otherwise guaranteed to be fully respected and adhered to throughout the national budgetary processes. The Contracting Parties shall put in place at national level the correction mechanism referred to in paragraph 1(e) on the basis of common principles to be proposed by the European Commission, concerning in particular the nature, size and time-frame of the corrective action to be undertaken, also in the case of exceptional circumstances, and the role and independence of the institutions responsible at national level for monitoring compliance with the rules set out in paragraph 1. Such correction mechanism shall fully respect the prerogatives of national Parliaments.
In connection with the requirement to include the debt brake provision in its national law, a Member State party to the Treaty may bring a case against another such Member State to the Court of Justice of the EU, either on its own initiative or on foot of a report by the European Commission. The Court of Justice will adjudicate on whether the debt brake has been transposed correctly into national law. If the Member State does not comply with the judgement of the Court, a fine (limited to 0.1% of GDP) can be imposed. The Court of Justice will not rule on whether the balanced budget rule or the other budgetary rules have themselves been breached. Court of Justice involvement in relation to an intergovernmental non-EU Treaty is already enabled by Article 273 of the EU Treaty, which allows the Court to adjudicate in disputes between Member States.
Lantus wrote: » I'll be voting no. Not just for the first one but when the EU and the Irish gov come back again and again to secure the answer they want just like Lisbon. What manner of fiscal management created such a perverse and sick situation where TD's could amass so much personal wealth?
BunShopVoyeur wrote: » I'll be voting no. However, I fully expect to be told off and made to vote again as I "didn't understand".
Lantus wrote: » I'll be voting no. Not just for the first one but when the EU and the Irish gov come back again and again to secure the answer they want just like Lisbon. Dont get fooled by some clever re-wording the 2nd or 3rd time around.
Lantus wrote: » Either way Enda is set for life. A guranteed €100,000 lump sum upon retirement and €30,000 a year for being a teacher for 4 years (they count 34 years even though he's been a TD.) Plus his TD's pension which could fetch him €100,000 annually. As well any other whole host of perks and paymens that normal folk could only dream of. What manner of fiscal management created such a perverse and sick situation where TD's could amass so much personal wealth?
FreudianSlippers wrote: » We've never had the same referendum twice AFAIK, so it's highly unlikely it will happen on this one.
RandomName2 wrote: » semantics aside: Divorce, Nice, Lisbon (can't step in the same river twice, eh?)
milkymoo24 wrote: » another Soviet Union, another Yugoslavia, and another Hitler as EU president.. have we learned nothiing.This should,be called the Fiasco Treaty.... resounding NO...I vow a hunger strike if YES gets the vote!!!!! We want out of europe all together!! Oh, and as for Germany, just last week they asked the UK for a loan of 100 MIllion Euro (No media will run it cos it would be anarchy cos if the Germans are screwed, we are even worse off!!, They also have a stock of swiss franks on standby the past year for when the euro crashes.... which means our savings and wages will be monopoly money soon. If you agree with this then please sign this petition to get Ireland fixed using same tactics as Iceland http://www.petitiononline.ie/petitio...to-europe/1471
milkymoo24 wrote: » what is nonsense may I ask???
kilkee1998 wrote: » We need to grow up and start to live within our means. Successive governments did not care how much the overspent , so long as they were re-elected.
kilkee1998 wrote: » We need to grow up and start to live within our means. Successive governments did not care how much the overspent , so long as they were re-elected. If we balance our day to day spending we can then tackle the problem of bailing out the backs because we will be in a stronger position to do a deal with the EU/IMF.
When offering fact, please offer relevant linkage, or at least source. Simply saying "a quick search on google...." is often, but not always, enough. If you do not do this upon posting, then please be willing to do so on request.
milkymoo24 wrote: » And any governemt that has to use scare tactics and threats via media to get the YES vote cannot be trusted! And the folk out there voting YES should hang their heads in untter shame... not to bring up the past but why fight for centuries for independent from England, one country, to then hand it over the Germany and France... talk about Out of the frying pan, into the fire, cop on for yourselves people, VOTE NO!!!
C14N wrote: » Right, because calling it the "Austerity Treaty", putting up posters declaring the treaty will lead to "5, 10, 20 years of austerity" and saying "vote no to Household and Water taxes" isn't using scare tactics at all is it?
C14N wrote: » Why fight for independence from England? Did you learn at all about the English regime in Ireland? It was brutal. Ireland was kept in poverty, we were a third world country. People love using phrases like "Dev/Collins/whoever would roll in their grave if we do so and so", I think they'd roll over in their graves if they knew we were comparing our first world problems to what our ancestors from a century ago had to face. You take it one step further and even say that was only the frying pan compared to Europe's "fire". I really think you need to get a grip on reality because it sounds like you think we will literally be sent to forced labour camps to work honourably for the glory of the great and mighty Angela Merkel.
RandomName2 wrote: » Now you're doing exactly the same thing! Sure you should vote yes; you should be happy not to be having to eat a blighted potato and digging for turf with your bear hands - where would you be if it weren't for Europe, etc. ("What have the Romans ever done for us?" argument CAN actually be used in relation to the UK as well by the way :pac:) Enough of the affectation.