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Abstract:
In a significant contribution to the debate on the forthcoming referendum on amendments to the Constitution to facilitate the Treaty of Lisbon, Rossa Fanning BL put the case that Ireland's ratification process should not involve a referendum and that the decision to hold a referendum is buck-passing by politicians. This paper argues in response that responsibility is more properly attributed to lawyers - specifically, to the Supreme Court decision in Crotty v. Ireland in 1987, which exposes Irish governments to significant political and legal risks if they do not refer significant European Union Treaties to a referendum, regardless of the appropriateness of doing so.

Treaty of Lisbon, Referendum, Ireland

Abstract:
This paper examines the legal consequences of the Irish 'no' vote in the 12 June, 2008 referendum on a Constitutional amendment permitting ratification of the Treaty of Lisbon. It points out that a reduction in the size of the Commission, albeit of unspecified dimensions, is now inevitable under Article 213 of the EC Treaty (as amended at Nice) since this provision will remain in force. Theoretically possible resolutions of the crisis which now exists in the EU reform process are summarised as being four in number: (i) renegotiation of the substance of the Lisbon settlement; (ii) a change of mind by Ireland and ratification of the Lisbon accord (provided adequate clarifications and/or protocols are agreed by the member states); (iii) permanent abandonment in whole or in part of the Lisbon settlement without replacement; and (iv) the remaining 26 member states (or as many of them as are willing to do so) finding some mechanism to proceed with further integration leaving Ireland behind.

Treaty of Lisbon, referendum, Ireland

Abstract:
A renewed effort to secure ratification of the Lisbon Treaty is now being considered in Irish Government circles, in an effort to avoid the serious potential political and economic consequences for Ireland of continued non-ratification. This paper asks which means of securing such ratification of the Lisbon Treaty are legally and politically appropriate. Should ratification be attempted only if popular approval can be secured in a fresh referendum? Or should the Government follow the suggestion that a referendum be dispensed with to whatever extent is legally possible, and replaced by parliamentary approval? Such questions involve both legal and political issues.

Treaty of Lisbon, Ireland, ratification

Abstract:
This paper examines which of four possible responses to the Irish 'no' vote in the 12 June 2008 referendum on a Constitutional amendment permitting ratification of the Treaty of Lisbon will be chosen. It argues that the true significance of the Irish 'no' vote stems not from Ireland having any right founded in notions either of democracy or mutual respect to stop other member states from ratifying the Treaty, but rather from the legal rule (found in Article 48 of the Treaty on European Union) that ratification by all member states is required of any Treaty change, which however prevents only a particular document coming into force, rather than preventing the other member states from finding the means to forge ahead with these reforms without Ireland.

Treaty of Lisbon, referendum, Ireland, ratification

Abstract:
This article focuses on the question of whether Ireland can be relegated to the slow lane of a two-speed Europe if it maintains its opposition to the Lisbon Treaty reforms. It notes the legal impossibility of expulsion of Ireland from the EU but posits the possibility of (a) the use of the enhanced cooperation procedure (supplemented by other measures); (b) cooperation outside the framework of the EU in either a maximalist or minimalist manner; and (c) Ireland's voluntarily leaving the EU as possible methods for other European states to proceed with integration leaving Ireland behind. The conclusion is reached that if Ireland is not left behind, this will be a political decision of the other member states taken because they lack the political will (or domestic political support) to proceed without Ireland. It will not be an option the other member states find themselves legally forced to accept.

two-speed Europe, Ireland, Lisbon Treaty, referendum

Abstract:
This paper was written in the expectation (subsequently proved correct) that the June 12, 2008 poll in Ireland concerning the granting of a constitutional licence for the ratification of the Lisbon Treaty would produce a 'no' vote. The article attempts to suggest possible answers to the difficult question of what the consequences of a 'no' vote will be, and breaks these down into five logical possibilities:(1) the collapse of the entire EU reform process for the foreseeable future and the maintenance in place for the foreseeable future of the arrangements agreed in Nice in 2000.(2) the renegotiation of the Lisbon settlement.(3) the agreement of a mini-treaty containing some but not all of the reforms in the Lisbon Treaty. (4) the continuation of the Lisbon arrangements by our 26 fellow member states with Ireland excluded from the reformed EU in some form or another; and (5) the maintenance of the Lisbon settlement but with special arrangements for Ireland.

Lisbon, Treaty, referendum, Ireland, Treaty of Lisbon, Lisbon Treaty

Abstract:
This is a brief introduction to the main features of the Treaty of Lisbon written in as simple and clear a style as possible so as to render it as clear as possible to the non-legally qualified reader.

Lisbon, Treaty, Lisbon Treaty, Ireland, Guide, Layperson's Introduction, Referendum, guarantees, Irish

Abstract:
This paper analyses the outline settlement of the 'Irish question' arrived at by the heads of state and government at the European Council meeting of 11 and 12 December 2009, with a view to facilitating Irish ratification of the Lisbon Treaty in a further referendum.

Ireland, referendum, EU, European Union, Lisbon, Treaty of Lisbon

Abstract:
Although much of the present-day focus on governance in the social policy field tends to focus on "new" methods of governance such as the Open Method of Coordination, more well-established instruments of governance continue to merit our attention. This paper focuses on two instruments of classic Community governance in the social policy field - viz., the use of the social dialogue and classic Community legislation. The paper begins with some useful context-setting by discussing the elusive consensus that has surrounded Community social policy, a reality which has presented both difficulties and opportunities. The so-called process of 'bargaining in the shadow of the law' is then examined - in other words, the evolving role of social dialogue in Community social policy. The deployment of the classic "Community method" is also looked at, with various reflections offered on the experience of one prominent example of legislation in the social policy field - the Acquired Rights Directive. Finally some reflections on national implementation of Directives are offered, based on study of the Irish Implementation of the Acquired Rights Directive - reflections which may be of value in considering the true worth not only of classic Community legislation but also that of the social dialogue process when this gives rise to Community directives.

social policy, community governance, social dialogue, community legislation, Acquired Rights Directive

Abstract:
This report was prepared at the request of the Oireachtas Sub-Committee on Ireland's Future in the European Union. Its purpose is to identify the range of options available to the Government regarding Ireland's relationship with the European Union and, in particular, the Lisbon Treaty. It discusses the nature and foreseeable implications of each option, but does not make recommendations. Discussion of particular scenarios does not constitute their recommendation.

With respect to the 'big picture' of Ireland's future relationship to the EU, the State has three major options: (1) continued membership with limitations in several policy areas, (2) economic engagement through the common currency and the European Economic Area but withdrawal from the EU's political or decision-making structures, and (3) membership in a yet-to-be-constructed two-tier Europe. A hypothetical fourth option - total disengagement - is neither economically feasible nor demanded by any major political or social group, so it is not discussed in this report.

With respect to the narrower but thorny issue of the Lisbon Treaty, the Government has a wide range of options. The first three are premised upon a renewed attempt to seek ratification of the Treaty. The next three are premised upon the other Member States working with Ireland in the event of an Irish decision not to attempt to secure ratification of the Treaty or a failure of this attempt. The remaining four are premised upon Ireland not ratifying the Treaty and the other Member States pursuing a path that does not require Irish involvement.

treaty of lisbon, ratification, referendum, ireland, european union

Abstract:
This paper provides a legal analysis of the legal guarantees given to Ireland at the June 2009 Brussels European Council in exchange for a commitment by Ireland to hold a second referendum on the Lisbon Treaty

Lisbon Treaty, Ireland, Treaty of Lisbon, Lisbon, European Union, referendum, Lisbon II

Abstract:
The manner of conduct of Constitutional referendums in Ireland has come under particularly sharp focus since the defeat of the referendum which was intended to facilitate the ratification of the Treaty of Lisbon in June 2008. The Supreme Court rulings considered in this article - Crotty v. An Taoiseach, McKenna v. An Taoiseach (No. 2) and Coughlan v. Broadcasting Complaints Commission and RTÉ combined with the failure of successive executives and legislatures to react to them in an adequate manner with legislation have played a significant role in the failure of Ireland to ratify the Treaty of Lisbon by the time of writing. Indeed, if the decision not to ratify the Lisbon Treaty is not ultimately reversed, it may well be that these judgments will collectively come to be regarded as the most significant examples of judicial activism in Irish legal history. Somewhat curiously, notwithstanding the very major impact which Supreme Court jurisprudence has had on the frequency and conduct of referendums on European Treaties in Ireland, the case-law examined here has until recently attracted relatively little academic attention. This article seeks to redress this lacuna.

Abstract:
Czech politics have been in ongoing crisis since the Government lost a parliamentary vote of confidence on 24 March. The five-vote defeat required premier Mirek Topolánek to offer his resignation. The crisis is of Europe-wide interest for two reasons. First, the Czech government presently holds the rotating six-month EU Presidency. Secondly, the Czech parliament has not yet approved the Lisbon Treaty. Concerns have been expressed regarding the Lisbon Treaty falling hostage to entirely domestic Czech problems.

Lisbon Treaty, Treaty of Lisbon, Czech Presidency, ratification, European Union, Presidency of the European Union

Abstract:
This article reflects briefly on the conclusions of the Brussels European Council or 11-12 December and its attempt to provided a framework enabling Ireland to ratify the Treaty of Lisbon.

Lisbon, Treaty of Lisbon, European Union

Abstract:
This paper, written in 2001, was intended to provide a brief outline of the provisions of the Treaty of Amsterdam (signed in 1997) and the Treaty of Nice (signed in 2001) respectively. The paper was commissioned by the (Irish) National Forum on Europe for the information of its members, although the views expressed in it are those of the author and do not purport to represent the views of the Forum.

Treaty of Amsterdam, Treaty of Nice

Abstract:
This paper looks at the question of whether the European Union generally, and more particularly the Treaty of Lisbon are having a negative influence on employment conditions.

Treaty of Lisbon, workers' rights, workers, referendum, Ireland, European Union, Charter of Fundamental Rights

Abstract:
This is a commentary on the published draft of the Lisbon Treaty guarantees offered to Ireland in exchange for an undertaking to hold a referendum on the Treaty of Lisbon in late 2009.

Lisbon, Treaty, Treaty of Lisbon, Ireland, guarantees, European Council

Abstract:
This paper is an examination of the legal basis of Economic and Monetary Union. The law stated therein was up to date on 12 February 1997. Since almost all of the EC Treaty provisions have been left entirely unamended since that date, the paper retains much of its relevance, although readers should note the subsequent renumbering of the relevant Treaty provisions by the Treaty of Amsterdam, which came into force in 1999.

economic and monetary union, european community, euro, european union, ireland, third stage

Abstract:
With the June 2009 local and European Parliament elections in Ireland over, another long-awaited electoral battle now loomed - the second Lisbon Treaty referendum, expected to happen in October.

June's European Council summit in Brussels was expected to constitute a vital step on the way. This paper predicted that Brussels summit will see Ireland offered a three-part deal, fleshing out the outline agreement reached at the previous December’s European Council meeting.

Lisbon, Treaty, EU, Treaty of Lisbon, referendum, Ireland

Abstract:
With Ireland now confronting a whole array of economic and political crises, major changes in the political system were thus perhaps to be expected. One badly-needed, long overdue reform has now been revealed to be in the pipeline: the introduction of appropriate restrictions on the use of money to gain influence in Irish politics and in particular avoiding the danger of private money distorting referendum results to an inappropriate degree. The latter danger was rendered particularly acute in Ireland, however, by the 1995 Supreme Court decision in McKenna v An Taoiseach (No. 2). Legislation is now proposed in this area. The outlines of the proposals are discussed in this article.

referendum, financing, Lisbon Treaty, Ireland, electoral law, money

Abstract:
The monumental potential significance for Europe of Ireland’s ‘yes’ vote in the Lisbon Treaty referendum may not yet be fully understood by all. If the Lisbon Treaty now enters into force, the Irish electorate’s rethink will have rescued the viability of European unity, in all probability for a generation. If the ‘no’ side had prevailed in the referendum, not just the Lisbon Treaty itself would have been killed off. So too would any prospect of reforming the EU for years.This paper contains reflections on such implications of the referendum result in Ireland on October 2, 2009

Lisbon, referendum, Treaty of Lisbon, Lisbon Treaty, referendum, European Union, reform process, Ireland, United Kingdom, Czech Republic

Abstract:
Irish voters may well have gone to the polls on October 2, 2009 with the impression that their vote would ‘make or break’ the Lisbon Treaty. The Irish electorate certainly had the power to break the Treaty. A ‘no’ vote would have finished the Lisbon Treaty and done irreparable damage to the EU reform process. But the Irish vote did not guarantee of itself that the Lisbon Treaty would survive. The reason for this lay in the fact that the Lisbon Treaty needed to be ratified by all 27 member states. Two recalcitrants remained - Poland and the Czech Republic. Their parliaments had actually already approved Lisbon - but their presidents had withheld their signatures.

Lisbon, Treaty, Lisbon Treaty, Treaty of Lisbon, ratification, treaty, Ireland, referendum, European Union

Abstract:
The use of the Community method of legislation, in particular the deployment of directives, has for a long time been at the core of EC labour market policy. This article seeks to reflect on the lessons to be learned from the experience of the adoption and operation of one particularly significant directive, namely the Acquired Rights Directive, and on the experience of its transposition in one Member State, Ireland. Among features noted at the EU level are the watering down of the Commission's initial legislative ambitions; the substantial lacunae, failures to address issues and ambiguities incorporated in the text of the directive, the consequent enlarged role for the Court of Justice and the apparent difficulty in changing policy direction in the event of errors being made. As regards the Irish experience of transposing the directive, lessons learnt have included the importance of the means of implementation chosen by the Member State; the obstructive effect which national industrial relations systems may have on the evolution of a common European approach; the significance which attaches to national sanctions and enforcement mechanisms; the importance attaching to the degree of collective organisation in workplaces where the implementing legislation is sought to be relied upon; and the potential which the implementation of a directive has for disruption of the harmony of a national policy approach. Finally, the use of a form of social dialogue in the implementation of employment-related directives in Ireland is also commented upon.