Dead or alive?

This is pretty much the question that EU leaders, including our Prime Minister, need to address later on this week when they meet in Brussels to discuss the Lisbon Treaty after it was rejected in a referendum in Ireland last week.

From a legal point of view, the vote means that Ireland has not endorsed the treaty. But, more crucially, it means that the treaty is also blocked for all the other EU countries, even those 18 states that, like us, have already ratified it. In other words, the Irish "no" blocks everyone and does not just affect Ireland.

This is why the repercussions are significant.

There is no question that the outcome needs to be respected and that, as a result, the entry into force of the treaty on January 1 is now seriously compromised.

To be sure, the outcome is hardly surprising given that the Irish electorate was asked to agree to a text of a legal instrument that was too technical and difficult to understand. I, myself, have often stated in this column that the Lisbon Treaty was not a step forward in simplification. But this is not to say that the outcome is not regrettable or that one should not look for a way out.

For Europe the result is a blow. Not just because it came from a country which has enormously profited from EU membership. Ireland has leaped from being one of the poorest countries of the EU to the second richest after Luxembourg, becoming a model for many aspiring new members, not least ourselves. But the result is also a setback for Europe because the treaty - despite its defects - would have strengthened the Union by enabling it to function better and by giving it more tools to operate in important areas, such as immigration, where we desperately need more, not less, Europe.

The result is also bad news for Malta because, as a small country, we have a vested interest in a strong Europe that is more effective and that delivers more results to its citizens. The Europe that we should favour is not one that is stagnant because it is unable to take decisions. And, of course, we all know that Malta stood to gain the sixth seat in the European Parliament, which is now also at risk.

What to do now?

Many theories are already making the rounds. And there is also some kite-flying.

One option is that, this week, the onus will be put squarely on Ireland to come up with suggestions on a way out of the mess. Meanwhile, those countries which have not yet ratified, including the UK, will be urged to complete their endorsement as soon as possible.

The treaty itself provides that if four fifths of the member states (that is, 22 countries) have ratified it, whereas one or more encounter difficulties in proceeding with ratification, the matter should be referred to the EU leaders to settle. So far, 18 countries have ratified and just four more are needed to trigger this provision.

A second option is to consider the treaty as dead and start afresh or simply give up all ambitions to reform the Union.

Yet another is that the existing rules on treaty-making are changed so that, from now on, if a significant number of countries ratify a treaty whereas one or more do not, they would simply be requested to give up their right to veto all the rest and decide whether they want to be in or out.

This evokes the notion of what is referred to as a "two-speed Europe" whereby some countries that are willing to move ahead towards a closer union can do so without being held up by those that are not willing to do so. We already have a two-speed Europe at work. The Schengen zone and the eurozone are just two examples.

To put it in blunter terms, there is no question that countries that do not want to go along should be free to do so. But why should they be able to stop all the rest from moving on? Perhaps it is time for them to decide whether they want to stay in the European Union. They are welcome to stay but they are also free to leave.

To think that one reason given for the Irish "no" was that many people were not bothered to turn out to vote because the EU is boring ...

Readers who would like to ask questions to be answered in this column can send an e-mail, identifying themselves, to contact@simonbusuttil.eu or through www.simonbusuttil.eu./p>

Dr Busuttil is a Nationalist member of the European Parliament.