real6
28-08-2009, 04:10 PM
http://politiken.dk/newsinenglish/article777261.ece
The Eastern High Court hears arguments today on whether a case against the prime and foreign ministers over the Lisbon Treaty is relevant.
The Eastern High Court is to hear arguments today on whether a case brought by 38 Danes against the prime and foreign ministers for failing to send the EU’s Lisbon Treaty to referendum, is at all relevant.
Irrespective of whether the court finds in favour of the petitioners or the ministers, both sides have said they will appeal to the Supreme Court if the court finds against them.
Constitution
The petitioners claim that the Lisbon Treaty should have been sent to referendum under paragraph 20 of the Danish Constitution as they claim the treaty is a constitution in disguise and represents a devolution of sovereignty.
Junior Counsel to the Treasury Peter Biering, who represents the two ministers, has chosen to contest the relevance of the case. Legal counsel to the government has maintained that the Treaty did not require a referendum.
Given the decision by both parties to appeal the court’s decision on relevance, a court case is unlikely to be heard in the Eastern High Court on the core issue of the case until 2011 – provided that an eventual appeal in the Supreme Court finds the case to be relevant.
Paragraph 20 of the Danish Constitution reads as follows:
(1) Powers vested in the authorities of the Realm under this Constitutional Act may, to such extent as shall be provided by statute, be delegated to international authorities set up by mutual agreement with other states for the promotion of international rules of law and cooperation.
(2) For the enactment of a Bill dealing with the above, a majority of five-sixths of the members of the Folketing shall be required. If this majority is not obtained, whereas the majority required for the passing of ordinary Bills is obtained, and if the Government maintains it, the Bill shall be submitted to the electorate for approval or rejection in accordance with the rules for referenda laid down in section 42.
The Eastern High Court hears arguments today on whether a case against the prime and foreign ministers over the Lisbon Treaty is relevant.
The Eastern High Court is to hear arguments today on whether a case brought by 38 Danes against the prime and foreign ministers for failing to send the EU’s Lisbon Treaty to referendum, is at all relevant.
Irrespective of whether the court finds in favour of the petitioners or the ministers, both sides have said they will appeal to the Supreme Court if the court finds against them.
Constitution
The petitioners claim that the Lisbon Treaty should have been sent to referendum under paragraph 20 of the Danish Constitution as they claim the treaty is a constitution in disguise and represents a devolution of sovereignty.
Junior Counsel to the Treasury Peter Biering, who represents the two ministers, has chosen to contest the relevance of the case. Legal counsel to the government has maintained that the Treaty did not require a referendum.
Given the decision by both parties to appeal the court’s decision on relevance, a court case is unlikely to be heard in the Eastern High Court on the core issue of the case until 2011 – provided that an eventual appeal in the Supreme Court finds the case to be relevant.
Paragraph 20 of the Danish Constitution reads as follows:
(1) Powers vested in the authorities of the Realm under this Constitutional Act may, to such extent as shall be provided by statute, be delegated to international authorities set up by mutual agreement with other states for the promotion of international rules of law and cooperation.
(2) For the enactment of a Bill dealing with the above, a majority of five-sixths of the members of the Folketing shall be required. If this majority is not obtained, whereas the majority required for the passing of ordinary Bills is obtained, and if the Government maintains it, the Bill shall be submitted to the electorate for approval or rejection in accordance with the rules for referenda laid down in section 42.