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Originally Posted by Cathar An ammendment to a treaty doesnt reqiure a constutional ammendment. Therefore no referendum required. |
Lisbon itself is only a series of amendments to the existing EU treaties. Whether we require referendum to allow the government to ratify such amendments does not depend on it being called a "treaty", but on whether it materially changes our relationship with the EU, or impacts our sovereignty.
So even a single amendment can require a referendum before the government can ratify it, if it falls within the terms of the Crotty judgement. It is irrelevant whether that amendment is one of many wrapped up in a treaty, or is a single amendment - Crotty (and the Constitution) do not take any account of the
form.
If you look at the amendments that have gone into our Constitution to allow the government to ratify EU treaties, they look like this:
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4° The State may ratify the Treaty on European Union signed at Maastricht on the 7th day of February, 1992, and may become a member of that Union.
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If an amendment to the treaties is proposed, and the AG advises the government that the amendment would impact our sovereignty, then for the government to ratify that amendment would require amendment of the Constitution to the same effect as the above amendment - in other words, an amendment to Bunreacht that states "the State may ratify the amendment to the Treaty on European Union".