Brussels, 19/06/2009 (Agence Europe) - On Friday 19 June, the European Council formally approved the "legal guarantees" which Ireland had called for (and already obtained in principle in December 2008) in order to be able to convene a further referendum on the Treaty of Lisbon. After the "no" vote of June 2008, the path is now free for a further popular consultation, but Prime Minister Brian Cowen has not yet set a date, going no further for the time being than to state that it will take place “in early October” (2 October has been mentioned). The guarantees, which are designed to reassure the Irish over the issues of neutrality, taxation and abortion, will initially take the form of a binding “decision” of the heads of state and government, which will enter into force (without further ratification) at the same time as the Lisbon Treaty. Further to the pressing demand of the Irish and despite grave misgivings on the part of the United Kingdom and other countries to reopen the ratification process of the Treaty of Lisbon, the 27 agreed that the "decision" adopted on Friday will be transformed into a "protocol" then annexed to the new treaty at the next wave of enlargement of the EU. At that time (in 2010 or 2011?), the Irish protocol will be ratified by all of the member states at the same time as the accession treaty of Croatia (and/or Iceland). The conclusions of the European Council, however, state that the future protocol will in no way change the relationship between the EU and its member states and that its sole purpose is to give the decision on the Irish guarantees "full treaty status". "The protocol will clarify but not change either the content or the application of the Treaty of Lisbon", leaders stressed in their conclusions.
Speaking before the press, the Irish prime minister, Brian Cowen, did not hide his pleasure at having managed to obtain "exactly what we wanted". "We have obtained solid legal guarantees in the form of a protocol to be annexed to the treaty". He said that he was optimistic that the next referendum would be won. "I believe that these guarantees properly address the fears of the Irish. We now have a solid basis for going back to the people" and asking them to approve the treaty, said Mr Cowen, who hopes that unlike the first referendum, the debate will concentrate on "the substance and the facts". Next week, the prime minister will propose to his government the convening of a new referendum, most probably at the beginning of October. A journalist asked the Taoiseach whether this referendum should be seen as a vote for or against Ireland's remaining within the EU. Mr Cowen answered: "What is at stake here is the need for us to be part of that Union which only can face the current crisis (...). Ireland's place is in the heart of the Union and that is where we want to stay". The president of the Commission, José Manuel Barroso, also expressed his optimism. "The Irish government has got what it wanted (...). I am confident that the 'yes' vote will win", he told the press. In its conclusions, the Council reiterated its wish to see the new treaty enter into force before the end of the year. The Polish prime minister, Donald Tusk, reassured his colleagues that Poland (where President Lech Kaczynski has yet to sign the ratification bill) would not block the ratification of the treaty.
Here is the content of the Irish guarantees: - on the "right to life, family and education". There is nothing in the Treaty of Lisbon which grants legal status to the Charter of Fundamental Rights of the EU, nor does anything in the provisions of the Treaty regarding liberty, security and justice in any way affect the provisions of the Irish constitution on the protection of the rights to life (abortion), the protection of families and rights to education; - on "taxation". Nothing in the Treaty of Lisbon in any way changes the way in which taxation competencies are managed within the EU; - on "security and defence", the Treaty of Lisbon neither affects nor prejudices Ireland's policy of military neutrality. It will be up to Ireland to decide what "assistance it will provide to a member state which is the object of a terrorist attack or the victim of armed aggression on its territory". Any decision of the EU to move to a common defence policy "will require a unanimous decision of the European Council". It will be up to each member state to decide whether they can accept common defence of this kind. Each country will also freely decide whether or not to participate in permanent and structured cooperation and the European Defence Agency. The Treaty of Lisbon does not provide for the creation of a European army; nor does it affect the freedom of each member state to make its own decision on the level of its military expenditure and capability. Lastly, Ireland (and all other member states) will continue freely to decide whether or not it wishes to take part in military operations.
The European Council also adopted a "formal declaration of the rights of workers, social policy and other subjects" (see other article). Lastly, Ireland made a "national declaration" on neutrality.
In their conclusions, the EU27 also confirmed the decision in principle, taken in December 2008, whereby the European Commission will in future also be made up of one representative from each member state. A decision in good and due form will be taken by the Council once the Treaty of Lisbon enters into force. (H.B./transl.fl)