Repeal the 35th with the 8th? Is the Maastricht Protocol on abortion about to be accidentally repealed?

Congalltee

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Repeal the 35th with the 8th? Is the Maastricht Protocol on abortion about to be accidentally repealed?

Irish abortion law is currently immunised from EU law eg competition, fundamental rights.

The Maastricht protocol is now encapsulated in protocol 35 of the Treaty on the Functioning of the EU. However, it’s wording specifically refers to art. 40.3.3. If the 8th is repealed and not replaced, protocol 35 becomes meaningless and abortion can become an EU law matter.

https://www.irishtimes.com/opinion/irish-protocol-will-copper-fasten-right-to-life-of-the-unborn-1.740571?mode=amp
 
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Congalltee

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PROTOCOL (No 35) ON ARTICLE 40.3.3 OF THE CONSTITUTION OF IRELAND Edit
THE HIGH CONTRACTING PARTIES,

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community:

Nothing in the Treaties, or in the Treaty establishing the European Atomic Energy Community, or in the Treaties or Acts modifying or supplementing those Treaties, shall affect the application in Ireland of Article 40.3.3 of the Constitution of Ireland.


https://en.m.wikisource.org/wiki/Consolidated_protocols,_annexes_and_declarations_attached_to_the_treaties_of_the_European_Union/Protocols
 

Emily Davison

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Nice try. Politicians are not this stupid. To complicate things would scupper the 8th.
 

Catalpast

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Interesting.....very interesting....:cool:

One more good reason to Retain the 8th IMO
 

gleeful

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The EU has no interest in abortion. In the decades since the pointless 35th ammendment, the EU has never shown the slightest interest in the topic.
 

Catalpast

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The EU has no interest in abortion. In the decades since the pointless 35th ammendment, the EU has never shown the slightest interest in the topic.
If they spot a hole in our Laws

- they will be in like a bunch of ferrets.....
 

Emily Davison

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If they spot a hole in our Laws

- they will be in like a bunch of ferrets.....
Such a stupid comment. Care to actually make a point on what you mean?
 
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Catalpast

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Such a stupid comment. Care to actually make a point n what you mean?
We have an opt out from being considered part of EU Law in relation to Abortion

- specifically as stated in the OP [which I presume you actually read]:

'The Maastricht protocol is now encapsulated in protocol 35 of the Treaty on the Functioning of the EU. However, it’s wording specifically refers to art. The Maastricht protocol is now encapsulated in protocol 35 of the Treaty on the Functioning of the EU. However, it’s wording specifically refers to art. 40.3.3. If the 8th is repealed and not replaced, protocol 35 becomes meaningless and abortion can become an EU law matter.. If the 8th is repealed and not replaced, protocol 35 becomes meaningless and abortion can become an EU law matter.'

Our opt out can only be considered legally watertight

- as long as we Retain article 40.3.3.

Got it?
 

Finbar10

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Good point in the OP. A simple deletion of article 40.3.3 would leave the legal situation unclear. And, as you point out, having no 40.3.3 would furthermore leave any legislation potentially appealable to the ECJ. More confusion!

However, a so-called "repeal and enable" approach seems likely for the referendum, which I guess would leave a drastically slimmed down article 40.3.3 (with just the "enable" clause remaining).
 

Bill

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Article 29.6 of the Constitution
 

Equinox

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The EU has no interest in abortion. In the decades since the pointless 35th ammendment, the EU has never shown the slightest interest in the topic.
As soon as the 8th is gone you can bet that the first second somebody is denied a second trimester abortion they'll be off to Europe to get it's courts to hand down dictatorials. Doesn't the 8th's removal render that the 35th nul and void, the EU can't interfere with something that doesn't exist.
 

gleeful

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As soon as the 8th is gone you can bet that the first second somebody is denied a second trimester abortion they'll be off to Europe to get it's courts to hand down dictatorials. Doesn't the 8th's removal render that the 35th nul and void, the EU can't interfere with something that doesn't exist.
So why don't French and German women go to demand their rights to late term abortions? In Germany there is a hard limit of 12 weeks. In Poland and Malta the law on abortion is nearly as strict as our own.
 

Dame_Enda

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Would be fun if we could replace it with a ban on tax harmonisation, and then argue before the ECJ that it protects us from it. :)
 

Congalltee

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