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Lisbon on Justice

  • 29-05-2008 5:34pm
    #1
    Closed Accounts Posts: 1,312 ✭✭✭


    Does Ireland have an opt out on matters of Justice?

    Can't seem to find a definite answer to this anywhere...


Comments

  • Registered Users, Registered Users 2 Posts: 4,314 ✭✭✭sink


    Does Ireland have an opt out on matters of Justice?

    Can't seem to find a definite answer to this anywhere...

    You should read the info provided by the referendum commission.
    B. Areas where Ireland may opt in or opt out

    Ireland is not obliged to take part in, or be bound by, decisions in what is known as the “Area of Freedom, Security and Justice”. This covers issues such as asylum, immigration, border controls, judicial co-operation in criminal matters and police co-operation.

    Ireland and the UK may each decide to be involved in particular issues - they may opt in or opt out of particular decisions. This special arrangement for Ireland and the UK has been in existence since these areas came within the remit of the EU in 1999. In practice, Ireland has opted in to a number of decisions, for example, in relation to asylum and judicial co-operation and has not exercised its right to opt in to others, for example, border controls.

    The Treaty provides for the opt-out for Ireland and the UK to continue. Ireland has issued a non legally binding declaration that it proposes to opt in to decisions in this area to the maximum extent possible and to review the entire opt-out clause within three years.

    The wording of the proposed amendment to the Constitution proposes to allow Ireland to opt in to particular decisions only with the approval of the Dáil and Seanad (this would continue the present constitutional requirement). It also allows for Ireland to withdraw totally from the opt-out, again only if there is prior Dáil and Seanad approval.

    http://www.lisbontreaty2008.ie/lisbon_treaty_changes_eu.html


  • Registered Users, Registered Users 2 Posts: 6,007 ✭✭✭Moriarty


    From the referendum commisssion's website (http://www.lisbontreaty2008.ie/lisbon_treaty_changes_eu.html#b):
    B. Areas where Ireland may opt in or opt out

    Ireland is not obliged to take part in, or be bound by, decisions in what is known as the “Area of Freedom, Security and Justice”. This covers issues such as asylum, immigration, border controls, judicial co-operation in criminal matters and police co-operation.

    Ireland and the UK may each decide to be involved in particular issues - they may opt in or opt out of particular decisions. This special arrangement for Ireland and the UK has been in existence since these areas came within the remit of the EU in 1999. In practice, Ireland has opted in to a number of decisions, for example, in relation to asylum and judicial co-operation and has not exercised its right to opt in to others, for example, border controls.

    The Treaty provides for the opt-out for Ireland and the UK to continue. Ireland has issued a non legally binding declaration that it proposes to opt in to decisions in this area to the maximum extent possible and to review the entire opt-out clause within three years.

    The wording of the proposed amendment to the Constitution proposes to allow Ireland to opt in to particular decisions only with the approval of the Dáil and Seanad (this would continue the present constitutional requirement). It also allows for Ireland to withdraw totally from the opt-out, again only if there is prior Dáil and Seanad approval.

    <edit> Heh, sink got here first :)


  • Closed Accounts Posts: 1,312 ✭✭✭Daftendirekt


    Thank you.

    I actually have read the Referendum Commissions website, must've overlooked this though :o


  • Registered Users, Registered Users 2 Posts: 2,907 ✭✭✭LostinBlanch


    No need to be embarrassed about it. The whole treaty vote (or constitutional ammendment for the pedants among us) is a very complex matter and it is easy to miss things.

    Don't be afraid of asking questions, whatever your views on the treaty.


  • Closed Accounts Posts: 1,312 ✭✭✭Daftendirekt


    Thanks everyone. Reading through some of the discussions of Lisbon on the forum have been majorly helpful. I think I've got a pretty good grasp of what the Treaty entails, although there's obviously one or two things I need to brush up on. :cool:


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