Catholic Lawyers Blog

Irelands ABC Case Judgement Expected Today.

Posted in Abortion, Abortion Law, Anti Abortion, Anti Catholic, International Law, Secularism by admin on December 16, 2010

 

“What the ABC abortion case really amounts to is a power grab be the EU over the legal systems of member states.” (ACLI)

 

 

During the season of advent, whislt we await the birth of our Divine Infant, Jesus Christ, the anti Christian forces of the pro abortion lobby attempt to inflict Ireland with its child destruction agenda by attacking the laws which protect our unborn.

 


Judgement in the case of three women backed by the Irish Family planning Association (a member of the International Planned Parenthood Association, partly funded by the British Government) is due at about 11am today.

The case is based on alleged contraventions of the womens’ human rights under the EU Convention, and was heard last year by the ECrtHR.

It is being widely touted that this court case could make Ireland “change its laws on abortion”.

How so?

The law prohibiting abortion in Ireland is a Criminal Statute, therefore if the ECrtHR can enforce the “right ” to abortion in Ireland it can effectively attack the domestic criminla law of EU state members.

The ECrtHR is not actualy a part of the EU, and before the Lisbon Treaty, this outrageous claim would not be in anyway substantiated as the court itself cannot force Ireland to allow abortion, it can only find Ireland in breach of Convention rights.

There are many cases in which the ECrtHR has found against member states, including the UK on many occassions, but there has been no way for the court to insist on changes in Criminal Law in any member state.

How does the Lisbon Treaty change this?

The Lisbon Treaty contains the Charter of Fundamental Rights. Article 52 and 53 of the Charter states that where the Charter is equivalent to ECrtHR decisions, then the Charter shall be interpreted in accordance with such decisions. Thus such ECrtHR decisions become EU law, despite the fact that the ECrtHR is not an organ of the EU.

The ABC case concerns human rights from the Convention of Human Rights which have equivalent provisions in the Charter contained in the Lisbon Treaty. Articles 2, 3, 7 and 21 of the Charter of Fundamental Rights are engaged.

Therefore, by stealth, the Lisbon Treaty allows the court at Strasbourg to make rulings which challenge the domestic criminal laws in member states.

The decision in the ABC case will not jus affect Ireland, but all member states. Not just in the area of abortion, but in any area which the ECrtHR feels it may involve itself.

Lisbon Treaty and the Criminal Law in member states.

Compounding the above the Lisbon Treaty also contains a provision at article 67.3 which reqires “…the aproximation of criminal laws”.

The machinery for supranationalising the criminal legal systems of Europe is contained within the Lisbon Treaty. All Europeans should be very concerned if a precedent is set by the ABC case which results in the capitulation of the Irish Government on abortion.

The Irish state could still call the bluff of the European Paper Tiger, if it were a strong country it would do just that. However given Ireland’s weakened ecconomic position and the recent bail out by the EU and IMF, will Ireland really stand up to its European masters on anything? The Irish government is floundering in a moral abys. It pushed through the Lisbon Treaty last year by corralling its citizens into voting YES by promising  jobs and money, all of which promises have proved false to date.

Power Grab By EU: Beware all member states.

What the ABC case really amounts to is a power grab be the EU over the legal systems of member states. Using the idiologicaly driven agenda of pro abortionists and feminists (plentiful in the EU and global structures and NGOs) the EU will attempt effect a precedent via the ABC abortion case, to allow it to interfere with member states criminal legislation. This is a power far above any powers originaly envisaged by EU members, and something over which the EU citizans as a whole have has no control.

But what of the guarantees given to the Irish State regarding abortion during the Lisbon Treaty negotiation?

Unfortunately these guarantees are now shown to be worthless. The Association of Catholic Lawyers of Ireland warned in 2009 that the guarantees did not protect the Criminal Laws prohibiting abortion. Every TD was contacted regarding this and the legal minefield explained.

(See previous post for full explanation of failure of Guarantees to protect Irelands unborn children.)

Ireland and abortion. The future?

In natural terms the pro abortionists may have effected a coup, in supernatiural terms however they are dead in the water.

Be reminded of the preamble to the Irish Constitution which puts the Irish State under the Holy Trinity and states

“….we humbly acknowledge all our obligations to our Divine Lord Jesus Christ” and we need have little fear as to the final outcome of this struggle.

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