Referendum on The Lisbon Treaty (2008) (Twenty-Eighth Amendment of the Constitution Bill, 2008)


The Twenty-Eighth Amendment of the Constitution Bill 2008 proposes –

(a) to insert the following subsections after subsection 10° of section 4 of Article 29 of the Constitution:

“10° The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007, and may be a member of the European Union established by virtue of that Treaty.
11° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of membership of the European Union referred to in subsection 10° of this section, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State.
12° The State may exercise the options or discretions provided by or under Articles 1.22, 2.64, 2.65, 2.66, 2.67, 2.68 and 2.278 of the Treaty referred to in subsection 10° of this section and Articles 1.18 and 1.20 of Protocol No. 1 annexed to that Treaty, but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
13° The State may exercise the option to secure that the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community) shall, in whole or in part, cease to apply to the State, but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
14° The State may agree to the decisions, regulations or other acts under –
i Article 1.34(b)(iv),
ii Article 1.56 (in so far as it relates to Article 48.7 of the Treaty referred to in subsection 4° of this section),
iii Article 2.66 (in so far as it relates to the second subparagraph of Article 65.3 of the Treaty on the Functioning of the European Union),
iv Article 2.67 (in so far as it relates to subparagraph (d) of Article 69A.2, the third subparagraph of Article 69B.1 and paragraphs 1 and 4 of Article 69E of the Treaty on the Functioning of the European Union),
v Article 2.144(a),
vi Article 2.261 (in so far as it relates to the second subparagraph of Article 270a.2 of the Treaty on the Functioning of the European Union), and
vii Article 2.278 (in so far as it relates to Article 280H of the Treaty on the Functioning of the European Union), of the Treaty referred to in subsection 10° of this section, and may also agree to the decision under the second sentence of the second subparagraph of Article 137.2 of the Treaty on the Functioning of the European Union (as amended by Article 2.116(a) of the Treaty referred to in the said subsection 10°), but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.
15° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to –
i Article 1.2 of the Treaty referred to in subsection 7° of this section, or
ii Article 1.49 of the Treaty referred to in subsection 10° of this section, where that common defence would include the State.”, and

(b) to delete the following subsection from section 4 of Article 29 of the Constitution:

“11° The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.”

 

Click here to download the booklet, entitled “Referendum Results 1937 – 2015” in PDF format. This includes all final referendum results.

Result Summary

Electorate: 3,051,278
Total Poll: 1,621,037
Percentage Poll: 53.13%
Votes in favour of the proposal: 752,451
Votes against the proposal: 862,415
Invalid Ballot Papers: 6,171