Wise Up Journal


By Benjamin Smith-Kavanagh

With the majority of politicians advocating a yes vote on the Treaty of Lisbon, claiming it is nothing more then a tidying-up treaty designed to make the EU run more efficiently. They have purposely failed to discuss any of the facts contained in the Treaty, especially in regard to areas where the EU will gain power over Irish law if the Lisbon Treaty is ratified in all member States. In these new areas EU law will prevail over Irish law in any matter of conflict (declaration 17 of the Treaty ). This could include areas where the EU has exclusive power, joint power and the power to co-ordinate the Member States in the areas where they will still retain power to make their own laws.

In all these areas Article 52 in the European Charter of Fundamental rights will become legally binding on all Irish and EU citizens. This will allow the EU to do any thing it wants to in these areas. For it can limit and take away our rights any time it pleases.

Article 52 Scope of guaranteed rights:

1. “Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others“.

Legal explanations

The purpose of Article 52 is to set the scope of the rights and principles of the Charter, and to lay down rules for their interpretation. Paragraph 1 deals with the arrangements for the limitation of rights. The wording is based on the case law of the Court of Justice: “…it is well established in the case law of the Court that restrictions may be imposed on the exercise of fundamental rights, in particular in the context of a common organization of the market.

Literally our rights will be granted and can be taken away by foreign Judges in the European Court of Justice and all they will have to do to justify any action against a person or organization is claim it is for the interest and objectives of the Union. This is in direct contrast of our Irish Constitution.

Article 40.3.1 states. ( A Study Of The Irish Text By Micheal O Cearuil )

“The State guarantees not to interfere by its laws with the personal rights of any citizen, and further guarantees to defend and assert those rights with its laws in so far as it is possible“.

This article makes it as clear as can be that at no time can the Irish State make laws or take any action that goes against our natural born inalienable rights, this includes areas such as right to freedom of expression, right to privacy of the family, right to choose health, right to own and keep property, right to self-determination etc.

Who in their right mind would want to vote yes to something that would overrule our Constitution, that enshrines and fully respects our natural born inaliable human rights. However, unfortunately we live in a world where our public servants don’t serve us but their higher powers in Europe. Whether it is Fianna Fail, Fine Gael, Labour or any organization calling for a yes vote, they have purposely tried to mislead the public they are supposed to serve into thinking the European Charter of Fundamental Rights is better than our Constitutional rights. They are working not in the interest of Irish and EU citizens, but in the interests of big Government and business. They see no benefit in citizens having rights the State cannot take away unless we vote to allow them to do so.

However if you are not aware of what is actually contained in the Treaty text and vote yes, based on what those on the yes side say about it, you could soon be in for a rude awakening if it is within the jurisdiction of EU law.

The Irish Constitution will become invalid if the Treaty of Lisbon is ratified, despite those on the yes side claiming it won’t, for it is these people who will have most to gain with the destruction of it who are advocating this. In areas such as personal rights, family, health, property, social, we will be at the mercy of Judges who could be in the pocket of the Union and big business. If a developer wants your land to develop a project, you could be forced to sell it for a pittance, or the Union could seize it for nothing, if they feel it is in the interest of the Union to allow a development where your land is.

In the area of health you and your family could be forced to take poisonous vaccinations or face imprisonment if the Union makes them mandatory. Britain has already proposed this, even though a Federal Court in America recently ruled that a girl with Autism was caused by vaccination shots. In Ireland these are voluntary but if you consent to taking them the makers are not liable if any harm is caused to you or your family.

Under our Constitution we are fully protected by these kind of actions, so the State cannot force itself on anyone or make anything mandatory if it goes against

Article 40.3.2 ( A Study Of The Irish Text By Micheal O Cearuil )

“The State will, in particular, by its laws, protect the life and person and good reputation and property rights of every citizen“.

The real question we need to ask is why has the general public been kept in the dark about what is actually in the Treaty and what the Treaty will do in terms of our rights.

Having fundamental inalienable human rights is the cornerstone of any great society, but if the Treaty of Lisbon is ratified, we will not have any enshrined rights, but the rights that EU grants us. This is a sign of how the EU views the citizens of it’s Member States, they feel we have no rights especially if it goes against their interests. What if you speak out about EU corruption, will you be arrested for going against the Unions interests. Article 52 of the ECOFR would allow the Union to legally and lawfully do so.

The EU is beginning to act like a dictatorship, they are nice when you go along with them, but when you disagree or have concerns of how the EU is trying to turn itself in to a Super-state or Empire as EU President Barrosso proclaimed back in 2007, you see their true colours, like back in 2001 when we voted against Nice. Their response was we’ll vote again until we vote the way they want us to. The same can be said of this Lisbon Treaty for it is over 90 % the same as the rejected EU Constitution, which the French and Dutch people wisely rejected back in 2005 when the EU showed them their true colours. The EU response to this was we will not let them have a vote this time.

But with the ECOFR becoming legally binding if we do not vote no to the Treaty of Lisbon, it is of the utmost importance that we all see it for what it really is, that being the ultimate attempt at taking away our fundamental inalienable human rights which our Constitution already guarantees us. If the Treaty is not defeated you and your family could soon find out the consequences of voting away our Constitution.

Areas Of EU Power

When reading or trying to understand the Treaty text you might ask yourself the question, what does Competence mean?

This is how the Independent Referendum Commission Handbook explains it on page 9.

What is Competence?

“Competence is the term used in the Treaty of Lisbon to describe the power the EU has to draw up policies and laws. The EU may introduce policies and laws only in relation to those areas that are set out in the treaties”.

Lets look into the Areas where the EU will have power in and ask ourselves, is this just a tidying-up Treaty or is it a serious attempt at taking power away from the people and National Parliaments. For the benefit of the largely un-elected and unaccountable EU Government.

Referendum Commission Proposed EU Areas Of Power

EU exclusive power

Customs Union;

Establishment of competition rules necessary for the functioning of the internal market;

Monetary policy for member states which use the euro;

Conservation of the biological resources of the sea as part of the common fisheries policy;

Common trading policy;

The conclusion of an international agreement when this is within the framework of EU legislation or when it is necessary to help the EU exercise an internal competence or if there is a possibility of the common rules being affected or of their range being changed.

Joint power of EU and member states

Internal market;

Social policy with regard to specific aspects defined in the treaty;

Economic, social and territorial cohesion;

Agriculture and fisheries except for the conservation of the biological resources of the sea;

Environment (the Treaty includes specific reference to climate change);

Consumer Protection;


Transeuropean Networks;


Area of freedom, security and justice;

Joint security issues with regard to aspects of public health

Research, technological development


Development cooperation and humanitarian aid.

Member states exclusive power (the EU can co-ordinate )

Protection and improvement of human healthcare;




Education, professional training, youth


Civil protection;

Administrative co-operation

Even in area’s where the EU does not have exclusive power, article 3b,3. Makes it clear that the EU can take over member States at a central, regional and local level. If they feel they can do the job better then the National Government.

Article 3b,3.

“Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level”.

Is this the part of the Treaty that those on the yes side failed to read, as Charlie McCreevey himself recently stated he has not read the full Treaty and went on to add.

“I would predict that there won’t be 250 people in the whole of the 4.2 million population of Ireland that have read the treaties cover-to-cover. I further predict that there is not 10 percent of that 250 that will understand every section and subsection”.

The golden rule of making your decision when voting on this Referendum should be “ if you don’t know, vote no”. for if you don’t know what the consequences will be, why play a game of roulette. When our Constitution gives us the power to say no to the Government, if they have failed to explain to us what we are voting on. Unlike the people in the other member States of the EU, we have the power to say no, do not be afraid to use it.