Pringle issues legal proceedings against the Gov on ESM Treaty

Thomas Pringle, TD has initiated legal proceedings challenging the Government on fundamental aspects of far reaching amendment to the EU treaties, of  both the European Stability Mechanism (ESM) and the Stability, Coordination and Governance in the Economic and Monetary Union (Fiscal Compact) Treaties.

Legal proceedings have been initiated by Thomas Pringle T.D. challenging the Government on fundamental aspects of the European Stability Mechanism (ESM) and the Stability, Coordination and Governance in the Economic and Monetary Union (Fiscal Compact) Treaties.

Pringle stated that “he is of the opinion that both treaties raise serious legal difficulties both at the level of EU treaty law and Irish Constitutional law.”

Stating “my primary democratic concern as both a citizen and as an elected public representative is the integrity of the Irish Constitution and the EU treaties which now form such an important part of our constitutional framework. I believe that the matters that I seek the clarification and assistance of the Court on are of crucial importance not only for the citizens of this country but for the future of the EU.”

Of concern are the implications under the terms of the ESM treaty as a new permanent €500 billion bailout fund called the European Stability Mechanism is to be set up with power to call on Ireland (at a time of that institution’s choosing) to make capital contributions of up to €11,145,400,00 in various forms of capital. In this country’s case, this is the equivalent to approximately one third of Government Tax Revenue for 2011. This figure can be increased at the sole behest of the ESM at any time in the future and with no limit set in the treaty as to what may be sought from Member States in the future.

In effect it can direct the State to raise sovereign debt, give the money so raised to it and can then decide, where, when, whether and how it is to be spent.

Therefore Ireland will not have power to control decisions regarding the use of funds raised by it.

Implications -What if a majority of voters in the May referendum on the Fiscal Compact Treaty vote in favour of imposing permanent austerity rules on the country in order to get access to a proposed permanent Eurozone loan fund only to discover that the treaty to establish that fund is illegal under EU law and unconstitutional in Ireland and may never in fact come into force.

Pringle said “that on the 9^th March last I wrote to the Taoiseach, the Minister for Finance and the Minister for Foreign Affairs detailing some of these very serious concerns. To date I have received no reply to this correspondence beyond the usual standard acknowledgement of receipt of the communication. I have now been left with no other option but to take this course of action.”

Summary of Case

I am asking the Court to examine the legality of the amendment of Article 136 of the Treaty on the Functioning of the European Union (TFEU) before any further action is taken by Government to approve that amendment. That amendment is being adopted under a so called simplified revision procedure which I believe is legally wrong. The changes being proposed are so fundamental they should go through the ordinary revision procedure to ensure proper democratic scrutiny. They also require the approval of the Irish people.

I am also asking the Court to consider whether the ESM treaty is in breach of existing EU treaty principles which have been approved by the Irish people in previous referendums and which are now therefore part of our law.

In addition I am asking the Court to decide whether the State can ratify the Treaty Establishing the European Stability Mechanism without first having the approval of the people in a referendum.

–           The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union signed on 2nd March 2012 is intertwined with the ESM Treaty. They each depend on the other.

If I am right in my belief that the ESM Treaty is unlawful then there is in my opinion a question over the validity of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union

Pringle states that “he appreciates and welcomes the Government’s decision to submit the issue of the Fiscal Treaty to the people by way of referendum, but he has concerns that due to the intense pressures on Government at this time, the need to put the amendment to the EU treaties and the ESM Treaty to a referendum may not yet have been fully scrutinised. In order to assist in that scrutiny, he is seeking particular judicial review in these proceedings.”

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21 Comments

1. 

   Gordon Lucas

   17th April 2012 at 1:09 pm

   Fair Play to you!
   Really pleased to see some constructive opposition to the subverting of our democracy by the state & the EU institutions.
   I hope you get positive treatment by the media and, more importantly, I hope the court find the treaty to be unlawful.
   If you were in my constituency, I’d be voting for you next time.
2. 

   angela connoly

   17th April 2012 at 3:02 pm

   fair play to you thomas , way to go ,i hope you prove to those so called advisors up there , thats costing this country millions,that they dont know all. they know nothing if past records are anything to go by , so well done you , pity there are not more men in this country like yourself.
3. 

   Joseph Cunningham

   17th April 2012 at 3:42 pm

   Thank you Thomas for being a very concerned citizen and indeed an elected Public Servant.

   Thomas, what I cannot understand is that our Government along with other Eurozone Countries back in July 2011 negotiated this ESM (European Stability Mechanism Fund)Ireland’s Share will cost us over € 11.000.000.00 on demand to help contain any other Contagion that will affect the Euro Currency.

   My question why is it costing Ireland almost € 320.000.000.00 Billion in total from September 2008 to pay for all of Ireland’s Debt from Secured and Unsecured Bondholders/Government Debt and that is including absorbent high interest rates from the ECB.

   When this contagion started and now since last July 2011 Eurozone Countries all decided that only over € 11.000.00 will suffice this time round. Why was this not decided back in September 2008 instead of € 320.000.000.00. It is mind boggling.

   Best wishes in your endeavour
   Joe
4. 

   Grainne

   17th April 2012 at 3:54 pm

   Well done Thomas and many thanks from this Citezin.
5. 

   Maria Bennett

   17th April 2012 at 3:56 pm

   Well done. At last someone with a backbone. Good luck Thomas!
6. 

   Michael

   17th April 2012 at 6:46 pm

   Thank you Thomas for upholding what’s left of our fragile democracy. I wish you the very best of luck with your endeavor.

   Please remember to stay strong. There will be a lot of negativity thrown your way in the coming weeks. The people of Ireland fully support you.

   Any media that report on this negatively should be boycotted. RTE? Irish Times?
7. 

   Diarmuid O'Flynn

   17th April 2012 at 6:51 pm

   Getting to the root of our problem Thomas – well done from all of us here in the Ballyhea/Charleville bailout protest, and good luck.
8. 

   Jeff

   17th April 2012 at 7:01 pm

   Carry on you have my support. Please utilize social media to
   keep us informed of your progress as the organized traditional outlets
   Can be biased at best.
9. 

   Angela Morris

   17th April 2012 at 9:30 pm

   Brilliant. Whatever the outcome, thank you for making a stand and representing those of us outside your constituency too.
10. 

    Michael O'Neill

    17th April 2012 at 10:21 pm

    Thank you.
11. 

    michael flood

    17th April 2012 at 10:52 pm

    well done, 100% surport if needed
12. 

    Rob Northall

    18th April 2012 at 8:29 am

    It is thought in many Circles that the signing of the Fiscal Compact will reduce any Country that signs it to simply using a Budget set by Europe to run the Member State.

    Issues of how Taxation is raised will also be decided by Europe.

    Signing this relegates any State to be Subordinate to Brussels ie. (Germany and France)

    This is a total lack of Sovereignty!
13. 

    Wayne Rutherford

    18th April 2012 at 9:21 am

    This is fantastic news well done and i am sure the people are with you all the way.
14. 

    Jennie Hussey

    18th April 2012 at 12:34 pm

    About time someone did!!! Fair Play…go all the way
15. 

    Sheila O'Flynn

    18th April 2012 at 3:01 pm

    Thank God for this one voice elected by, and representing, us all. Let ‘s watch now for the support he will get from his peers…..
16. 

    Vera Hussey

    18th April 2012 at 6:26 pm

    Thank heavens for an honest and intelligent TD looking out for us all. You have my support and respect and I look forward to following your progress.

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18. 

    Barry Reid

    21st April 2012 at 1:46 pm

    The sad thing for me is that anybody I’ve mentioned the Fiscal Treaty to has little or no clue of it. I am so happy to see somebody making a stand well done!! 100% support if needed!! It’s like you answered my ad from a short time ago.

    http://www.facebook.com/profile.php?id=1293219901#!/photo.php?fbid=3696498733064&set=a.1460011022269.2064842.1293219901&type=1&theater

    You should have a read it’s funny!!
19. 

    Eugene Reilly

    27th April 2012 at 11:31 am

    Great work we need people of truth to run this country
    Not like the shower we have at the moment.
    You have my full support.
20. 

    Clint O Moore

    8th May 2012 at 7:57 pm

    well done Thomas you are doing the irish people a great service in taking this case we need more people with independant thought with the fight in their stomach like you to take on the blinkered establishment

    many thanks and wish you the best

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