In the referendum on October 2nd, you are being asked a similar question to that which you were asked in June 2008: Do you want Ireland to ratify the Lisbon Treaty? The Lisbon Treaty itself has not been changed.
However, some decisions have been made since the June 2008 referendum which change the legal and political context in which this referendum is being held.
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The European Council has made a decision that, if the Lisbon Treaty comes into effect, the European Commission will continue to include a Commissioner nominated by each member state including Ireland.
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The European Council has also made a decision which sets out the effects of the Lisbon Treaty on Irish policy and law in a number of areas: the right to life, family and education; taxation; and security and defence.
This decision is not part of the Lisbon Treaty, but is contained in a new international treaty which will be legally binding on all 27 member states of the EU. This new international treaty will come into force on the same day as the Lisbon Treaty, if the Lisbon Treaty is ratified by all the member states. The European Council has agreed that protocols will be added to a later EU treaty to give full effect in EU law to this decision (this is likely to be a Treaty of Accession for a new member state – such as Croatia or Iceland). This is because provisions in a EU treaty and any protocol to it become part of EU law and can then be enforced by the European Court of Justice and other courts in the same way as other EU laws.
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The European Council has also issued a solemn declaration on social issues including workers’ rights. This is a political statement and is not legally binding.
