tag:blogger.com,1999:blog-6406430766424642773.post994872919435485734..comments2023-09-28T12:28:57.598+03:00Comments on Grahnlaw: Gibraltar & Lisbon TreatyRalf Grahn http://www.blogger.com/profile/02156293782163802007noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6406430766424642773.post-12273710006271132512009-10-05T16:42:39.065+03:002009-10-05T16:42:39.065+03:00Michael,
I agree that the situation is potential...Michael, <br /><br />I agree that the situation is potentially messy and that we may enter grey zones both with regard to EU law and domestically. <br /><br />Some additions: <br /><br />The presumption during the Lisbon Treaty negotiations was to retain the permanent exceptions contained in the Åland protocol. Article 355(4) TFEU and the protocol. <br /><br />Finland has ratified the Lisbon Treay ages ago. <br /><br />However, when I last wrote a blog post on Åland on 26 September 2009, the Åland Parliament had still not produced even a committee report on if it is going to approve the application of the Lisbon Treaty in its territory. <br /><br />If the treaty enters into force without a decision in Åland, which happens quickly after the last ratification, the situation becomes interesting. <br /><br />Finland would probably have to notify the EU and start a process to formalise the new situation. Åland would have no relationship.<br /><br />Åland might make a decision soon after the entry into force of the Lisbon Treaty, whereby the formal process might be terminated.Ralf Grahn https://www.blogger.com/profile/02156293782163802007noreply@blogger.comtag:blogger.com,1999:blog-6406430766424642773.post-19880679299799939102009-10-05T15:55:04.766+03:002009-10-05T15:55:04.766+03:00Hey Ralf,
I think you're wrong on Aland. You ...Hey Ralf,<br /><br />I think you're wrong on Aland. You first say that, "The geographical scope - Article 355(3) and (4) TFEU - includes the Aland Islands and Gibraltar", but then you appear to agree with Wikipedia that territories with self-rule decide on the applicability of the treaty in their territories.<br /><br />This just isn't the case. When Finland joined the EU there was a procedure whereby the treaties wouldn't apply to Aland unless the Finish government declared otherwise. But this had to be written into the accession treaty. Lisbon contains no such provision and, consequently, the presumption that contracting parties sign treaties for all territory over which they enjoy sovereignty comes into play.<br /><br />Michael<br /><a href="http://purehearsay.blogspot.com/" rel="nofollow">http://purehearsay.blogspot.com/</a>Michael J. Walshhttps://www.blogger.com/profile/08146492266109728325noreply@blogger.com