Agreement of the 27 on an “Irish” protocol on Defense
(BRUSSELS2) There will indeed be an "Irish" protocol on defense (as well as taxation and the family) added to a European Treaty. The 27 heads of state and government, meeting at a summit in Brussels, agreed on this point on Friday.
It was above all the United Kingdom and Ireland which held the last rounds of negotiations, during the day, to end up agreeing on a compromise formula. The United Kingdom did not want to be obliged to ratify the Lisbon Treaty again, Ireland wanted a decision with "constitutional" legal value immediately to convince its voters to return to the vote and eliminate any risk of a new "No" vote ". In the end, the device is as follows:
1) a decision of the European Council includes a set of positions - in particular on defense - intended to clarify the questions of defense for the Irish, it has legal value (of secondary law) and enters into force at the same time as the Treaty of Lisbon;
2) it will be transformed into a protocol to the Treaty (therefore a text with the value of primary or constitutional law) but not immediately: in the next treaty which will be subject to ratification (probably that of Croatia's accession);
3) this decision is accompanied by a unilateral declaration by Ireland - of more political than legal value - which will be appended to the Treaty submitted for ratification by the Irish (and to the Irish instrument of ratification of the Treaty).
The content is quite similar to what I advertised on this blog (ESDP guarantees given to Ireland).
The text is based on a double principle that could be called "legal non-proliferation":"the common defense and security policy does not prejudice the defense policy of each Member State, or its obligations. The Lisbon Treaty does not affect Ireland's traditional policy of military neutrality" (Union's common security and defense policy) "does not prejudice the security and defense policy of each Member State, including Ireland, or the obligations of any Member State". (and) The Treaty of Lisbon does not affect or prejudice Ireland's traditional policy of military neutrality.
It is up to each Member State to "determine what aid or assistance it provides to the Member State which is the victim of a terrorist attack or an armed attack on its territory". "It will be for Member States - including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality - to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory"
"Any decision to move on common defense requires a unanimous decision of the European Council". Any decision to move to a common defense will require a unanimous decision of the European Council.
It is up to each Member State to "decide to participate in the permanent structured cooperation or at theEuropean Defense Agency." It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defense Agency.
The Treaty of Lisbon"does not provide for the creation of a european army (like one) conscription for military training. It does not affect the right of Ireland or any Member State to determine the nature and amount of defense spending, such as the nature of its defense capabilities". The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any military formation. It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defense and security expenditure and the nature of its defense capabilities.
It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.
(Nicolas Gros-Verheyde)
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