Last week the Legal Guarantees negotiated between the Irish Government and its European partners were published. What follows is a brief explanation of the content and legal force of the guarantees, with a link to a full report.

CONTENT

Research done after the rejection of the Lisbon Treaty last year showed that the Irish people had a number of key concerns with the Treaty. These concerns needed to be addressed if a New Deal was to be offered to the Irish people.

Commissioner – The concern most cited by the Irish was the loss of a commissioner. A decision in the European Council in December 2008 made sure that Ireland, and every other member state, will permanently keep a commissioner.

Taxation – The guarantees state explicitly that the European Union will have no influence on a Member States direct Taxation policy. This includes Corporation tax.

Right to life, family, and education – The legal guarantees specifically reference the Irish constitution, and guarantee that the European Union will not interfere with the fundamental rights guaranteed in this document.

Security and defence – The guarantees enforce the Union’s respect for the Irish policy of military neutrality. They also confirm that the Treaty of Lisbon does not provide for a European Army, or for conscription to any military formation whatsoever.

LEGAL FORCE

The guarantees are legally binding on all members of the European Union, as they are an international agreement. The member states all clearly express that the guarantees are legally binding on them in the document. Furthermore the guarantees will be lodged with the United Nations alongside the Lisbon Treaty upon ratification. To put the issue beyond any doubt whatsoever the guarantees will further be made into a protocol at the earliest possible date, most likely upon Croatia’s accession to the EU.

For further analysis of the legal guarantees, please click here for an independent report on the matter.