"The ESM Treaty 'intrudes' (I use "intrudes" as a polite way of putting it) on the Treaty of Lisbon which is lodged in the Vienna Convention on the law of Treaties. This ESM Treaty affects all 27 member states that ratified the original Treaty, and not just the 17 in the Euro area. The 17 can't just "go off" on a tangent with a new Treaty. (A treaty within a Treaty) However, if they can, then so can THE REMAINING 10 COUNTRIES NOT IN THE EURO CAN ALSO-AND MUST-, MAKE A VERY DIFFERENT TREATY LIKE TAKING THEIR FISHING BACK AND WHAT GOES ON IN THEIR 12 MILE LIMIT, MOST CERTAINLY NOT ALLOWING THEIR ENGLAND TO BE DIVIDED UP INTO EU REGIONS AS REQUIRED BY THE EU'S LOCALISM BILL GOING THROUGH OUR PARLIAMENT AT PRESENT etc, etc. MY GOODNESS, THE LIST IS ENDLESS.
WITHOUT DOUBT THE ESM TREATY DOES REQUIRE A REFERENDUM HERE IN THE UK. Can it be said that the EU is giving itself all these extra powers? Do not the other Countries have a say on that? Who is allowing them all these powers? Will we never join the euro when the Treaty of Lisbon states, "That the currency of the Union shall be the Euro"? Yes we had an "opt out" on the Euro, but we had an "Opt out" on the EIO and what was the first thing the LibDebCons did when they got into POWER?
And this is from the ESM TREATY and just part of one Article-which our Prime Minister says we do not require a referendum on!
ARTICLE 27
Legal status, privileges and immunities
1. To enable the ESM to fulfil its purpose, the legal status and the privileges and immunities set out in this Article shall be accorded to the ESM in the territory of each ESM Member. The ESM shall endeavour to obtain recognition of its legal status and of its privileges and immunities in other territories in which it performs functions or holds assets.
2. The ESM shall have full legal personality; it shall have full legal capacity to:
(a) acquire and dispose of movable and immovable property;
(b) contract;
(c) be a party to legal proceedings; and
(d) enter into a headquarter agreement and/or protocols as necessary for ensuring that its legal status and its privileges and immunities are recognised and enforced.
3. The ESM, its property, funding and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of judicial process except to the extent that the ESM expressly waives its immunity for the purpose of any proceedings or by the terms of any contract, including the documentation of the funding instruments.
4. The property, funding and assets of the ESM shall, wherever located and by whomsoever held, be immune from search, requisition, confiscation, expropriation or any other form of seizure, taking or foreclosure by executive, judicial, administrative or legislative action.
5. The archives of the ESM and all documents belonging to the ESM or held by it, shall be inviolable.
6. The premises of the ESM shall be inviolable.
7. The official communications of the ESM shall be accorded by each ESM Member and by each state which has recognised the legal status and the privileges and immunities of the ESM, the same treatment as it accords to the official communications of an ESM Member.
If you haven't read it, please try to do so for it will have Legal Personality. You will all want a referendum on it if you read Art 8, 9.and 10. with particular attention to Art 27 and 30. We are not in the Euro but strangely it affects us very much so, not only have we had to borrow money to bail them out putting our selves in more debt, even now-ALTHOUGH WE ARE NOT IN THE EURO- the spillage from the euro zone touches us in many different ways. It is also affecting the Heads of Countries by getting rid of elected PM or Presidents and replacing them with the EU's "Place-men", so, whose turn will it be next?
Anne
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