Saturday, June 21, 2008

Lisbon treaty dead or alive?

There's been a lot of traditional media column inches, broadcast media speculation and politicians' hot air expended on whether the Lisbon treaty is finished now that my homeland has rejected it in a referendum. I'm inclined to think the treaty has reached corpsedom since article 6 of said treaty states:

"1. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The instruments of ratification shall be deposited with the Government of the Italian Republic.

2. This Treaty shall enter into force on 1 January 2009, provided that all the instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step."

IANAL but that's as clear as you can get really - it enters into force when "all" states ratify it, preferably by January next year and if not then in the first month after the "last" member state ratifies it. Ireland have rejected it; "all" and "last" =>The treaty is legally dead. QED.

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