The 500 million people of the European Union are being denied the right to ratify by referenda major amendments to the two key EU treaties. The Lisbon Treaty, signed by member states in December, will significantly increase the power of unelected EU institutions and enshrine right-wing economic policy.
Except for a few superficial changes, the treaty contains practically the entire substance — 96% of the articles — of the EU constitution rejected by French and Dutch voters in 2005.
Of the EU's 27 member states, Ireland is the only country holding a referendum later this year on the Lisbon (or "reform") Treaty, being constitutionally bound to do so. Other member states plan to ratify the treaty by votes in their respective national parliaments. The treaty must be endorsed unanimously by all member states to come into effect in 2009.
Eroding democracy
The treaty transforms the EU's legal status from that of an association between member states to having a "legal personality" of its own, empowering the union to act as a state in the international arena. While currently amendments to EU treaties must be made through a process of national ratification or inter-governmental conference, article 48 of the Lisbon Treaty ensures it is "self-amending"; that is, it will enable the higher EU bodies to make major changes to EU treaties in the future without facing such hurdles as national referenda.
The lack of democracy, transparency and accountability already inherent in EU political institutions would be intensified by the proposed reforms. The EU Commission — the executive arm of the union — currently has 27 commissioners (one appointed by each member state) and a rotating presidency. The Council of Europe (also known as the Council of Ministers) changes in composition depending on the department, but also comprises 27 appointed member representatives, generally the appropriate minister from each national government. The European Parliament is the only body that is directly elected by the 500 million citizens of the EU, and it has little real power — not even to initiate and draft legislation and binding laws, which lies solely with the unelected commission.
Under the Lisbon Treaty, member states would no longer be automatically entitled to appoint a representative to the EU Commission, reducing the power of smaller nations.
The commission's "independence", or lack of accountability, is also strengthened in the treaty, which stipulates that the commission "shall neither seek nor take instructions from any government or other institution, body, office or entity". In 68 policy areas, or competencies, the council would no longer require a unanimous vote to pass, but rather only a qualified majority vote.
Under Lisbon, the European Court of Justice would gain dominant power and jurisdiction over justice, policing and laws. The EU's police force, whose officers are immune from prosecution, would be expanded.
The proposed reforms would transfer powers from national governments to the EU in more than 100 competencies, including justice, economic policy, defence and foreign policy — the largest transfer of powers in the EU's history.
However, it is not simply the drive towards the further concentration of power that is worrying the people of Europe. Inherent in the treaty, as it was in the rejected constitution, is the active promotion of neoliberal economic policies that aim to deregulate and privatise Europe's public services, while seriously eroding workers' rights and the power of trade unions.
Europe for sale
EU policy has ensured that the process of selling off public services to major corporations is already well underway throughout Europe. Through compulsory tendering, the services still held by the public sector are forced to compete with those that have been privatised. The Lisbon Treaty subjects all economic services, including public services, to new "economic and financial conditions": the EU would have the power to enforce the rule of the free market and ensure that "competition is not distorted".
The January 17 edition of the Sinn Fein weekly An Phoblacht points out that "Such 'distortions' could include state aid, public funding, protective markets, health, environmental and workers' rights regulations and state 'monopolies'. Combined, this complex procedure allows for the complete undermining of the welfare state and the Social European Model."
Specifically, the big business lobby that played a key role in drafting the EU constitution and Lisbon Treaty has the transport and postal services of Europe in its sights. The treaty stipulates that postal services must be fully liberalised by the end of 2010.
According to the British Trade Unionists Against the EU Constitution pamphlet The Big EU Con Trick, the provisions on competition and the freedom of movement for capital "would allow service providers to operate outside the laws of the country where the service is being provided — setting in train a further race to the bottom in terms of pay and conditions".
Last year, the commission released a Green Paper, Modernising labour law to meet the challenges of the 21st Century, with an emphasis on "flexicurity", pushing the idea that if workers in Europe agree to more "flexibility" (that is, less guaranteed rights and trade union power), it will somehow lead to increased job security. The paper specifically demands an end to "overtly protective terms and conditions" in contracts.
The Lisbon Treaty pushes the militarisation of the EU in the framework of the NATO alliance, and promotes the arms industry and the expansion of nuclear power. The treaty would remove member states' ability to remain neutral in international conflict. Member states could choose whether or not to deploy troops to EU operations, but would be compelled to "actively and unreservedly" support EU foreign and security policy.
All member states must "undertake to improve their military capabilities". The treaty stipulates that the development of common EU security and defence will be consistent with NATO commitments (but not with the UN). The Irish Campaign Against the EU Constitution states on its website, "By incorporating the Euratom Treaty, the [Lisbon Treaty] would continue to promote nuclear power as the preferred source of energy in the EU. This makes a mockery of attempts to create a safe European environment."
Campaign for 'No' vote
People across Europe are outraged that they do not have a say in the transformation of the EU. The stakes are high in the upcoming referendum in Ireland. The Irish government and corporate media are campaigning for a "Yes" vote. Sinn Fein is the only significant political party actively campaigning against the treaty. The Irish Labour Party is calling for a vote in favour and the Green Party is split on the question.
The Greens have previously taken a strong stand against EU reform, campaigning against the Nice treaty in the 2001-02 referenda, but the party is now part of the governing coalition and the leadership is strongly in favour of supporting the treaty.
Sinn Fein has invited all Green activists opposed to the Treaty to join it in the "No" campaign. The Socialist Party and Socialist Workers Party are also campaigning against the treaty. The Irish Congress of Trade Unions remains undecided, stating that it wants to see more protection of temporary agency workers before supporting the treaty. The referendum date has yet to be announced, but is expected to be called for May or June. Opinion polls have repeatedly shown that a majority of people are still undecided as to how they will vote.