Treaty of Lisbon

On 2 October, the referendum on the Lisbon Treaty was carried by a majority of 67.1% Yes vote on a turnout of 59%. 

Building on the agreement reached at the meeting of the European Council in December 2008, the European Council agreed in June 2009 that each Member State would retain a Commissioner and that Ireland would be given legal guarantees and assurances in the areas of concern to Irish voters which emerged in the June 2008 referendum.

The legal guarantees make clear that:

  • nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or operation of the Union’s competences in relation to taxation;
  • the Treaty of Lisbon does not prejudice the security and defence policy of Member States, including Ireland’s traditional policy of neutrality; and
  • the provisions of the Constitution of Ireland in relation to the right to life, education and the family are not in any way affected by the fact that the Treaty of Lisbon attributes legal status to the EU Charter of Fundamental Rights or by the justice and home affairs provisions of the Treaty. 

The European Council also agreed on a Solemn Declaration on workers’ rights which confirms the high importance that the Union attaches:

  • social progress and the protection of workers' rights;
  • public services;
  • the responsibility of Member States for the delivery of education and health services;
  • the essential role and wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest.

The Decision agreed at the June European Council on Ireland’s guarantees will constitute an international agreement which will take effect on the date of entry into force of the Lisbon Treaty. This will be legally binding under international law.

If the Lisbon Treaty enters into force, the Decision will be annexed to the Treaties as a Protocol at the time of the conclusion of the next accession treaty for a new Member State. Protocols form an integral part of the Treaties to which they are annexed and have the same legal status.

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