belgiquelex.be - Carrefour Bank of Legislation

5 JUIN 2013. - An Act to approve the Protocol on the Concerns of the Irish People concerning the Lisbon Treaty, done in Brussels on 13 June 2012 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol on the Concerns of the Irish People with regard to the Lisbon Treaty, held in Brussels on 13 June 2012, will bring out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 June 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
Trade and European Affairs,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2012-2013.
Senate.
Documents:
Bill tabled on 18 January 2013, No. 5-1938/1.
Report, No. 5-1938/2.
Text adopted in plenary and transmitted to Chamber No. 5-1938/3.
Annales parlementaire
Discussion, meeting of March 14, 2013.
Vote, meeting of 14 March 2013.
Room
Documents:
Project transmitted by the Senate, No. 53-2701/1.
Report made on behalf of Commission No. 53-2701/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2701/3.
Annales parlementaire
Discussion, meeting of April 25, 2013.
Voting, meeting of 25 April 2013.
(2) See the Decree of the Flemish Community/Flemish Region of 31 May 2013 (Belgian Monitor of 3 July 2013), the Decree of the French Community of 4 July 2013 (Belgian Monitor of 19 July 2013 - Ed. 2), the Decree of the German-speaking Community of 24 June 2013 (Belgian Monitor of 25 July 2013), the Decree of the Walloon Region of 10 July 2013 (Belgian Monument of 31 July 2013)

Protocol on the Concerns of the Irish People concerning the Lisbon Treaty
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
hereinafter referred to as "THE CONTRACTING PARTIES",
RECALLING the decision of the Heads of State or Government of the twenty-seven Member States of the European Union, gathered in the European Council on 18 and 19 June 2009, on the concerns of the Irish people regarding the Lisbon Treaty;
RECALLING that the Heads of State or Government, gathered in the European Council on 18 and 19 June 2009, stated that, at the conclusion of the next accession treaty, they would set out the provisions of that decision in a protocol to be annexed, in accordance with their respective constitutional rules, to the Treaty on the European Union and to the Treaty on the Functioning of the European Union;
REQUESTS the signing by the High Contracting Parties of the treaty between the High Contracting Parties and the Republic of Croatia concerning the accession of the Republic of Croatia to the European Union,
AGAINST the following provisions, which are annexed to the Treaty on the European Union and the Treaty on the Functioning of the European Union:
PART I
LA VIE, FAMILY AND EDUCATION
Article 1
None of the provisions of the Lisbon Treaty assigning a legal status to the Charter of Fundamental Rights of the European Union or relating to the space of freedom, security and justice shall in any way affect the scope and applicability of the protection of the right to life provided for in Article 40.3.1, 40.3.2 and 40.3.3, of the protection of the family provided for in Article 41.2.4 and of the protection of rights in respect of the Constitution
PART II
FISCALITY
Article 2
None of the provisions of the Lisbon Treaty amend in any way, for any Member State, the extent or application of the European Union's jurisdiction in the tax field.
PART III
SECURITY AND DEFENSE
Article 3
The Union's action on the international scene is based on the principles of democracy, the rule of law, universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the Charter of the United Nations and international law.
The Union's common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to carry out missions outside the Union to ensure the maintenance of peace, conflict prevention and the strengthening of international security in accordance with the principles of the United Nations Charter.
It does not affect the security and defence policy of each Member State, including Ireland, or the obligations of any Member State.
The Lisbon Treaty does not affect or prejudice Ireland's traditional military neutrality policy.
It will be up to 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 the assistance or assistance to be provided to a Member State that is the subject of a terrorist attack or an armed attack on its territory.
Any decision leading to a common defence will require a unanimous decision of the European Council. It will be up to Member States, including Ireland, to decide, in accordance with the provisions of the Lisbon Treaty and their respective constitutional rules, whether or not to adopt a common defence.
No provision of this title shall affect or prejudice the position or policy of any other Member State in respect of security and defence.
It is also up to each Member State to decide, in accordance with the provisions of the Lisbon Treaty and its possible internal legal rules, whether it participates in permanent structured cooperation or the European Defence Agency.
The Lisbon Treaty does not provide for the creation of a European army or conscription for any military formation.
It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenses or the nature of its defence capabilities.
It will be up to Ireland or any other Member State to decide, in accordance with its possible domestic legal rules, whether or not it participates in a military operation.
PART IV
FINAL PROVISIONS
Article 4
This Protocol shall remain open for signature by the High Contracting Parties until 30 June 2012.
This Protocol shall be ratified by the High Contracting Parties and by the Republic of Croatia in the event that this Protocol does not enter into force on the date of accession of the Republic of Croatia to the European Union, in accordance with their respective constitutional rules. The instruments of ratification are deposited with the Government of the Italian Republic.
This Protocol shall enter into force, if possible, on 30 June 2013, provided that all instruments of ratification have been deposited, or, failing that, on the first day of the month following the deposit of the instrument of ratification of the Member State which proceeds to that formality.
Article 5
The present protocol, written in a single copy, in German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, all texts being equally authentic, is deposited in the archives of the government of the Italian Republic, which gives each member a certified copy.
As soon as the Republic of Croatia is bound by this Protocol pursuant to Article 2 of the Act relating to the conditions of accession of the Republic of Croatia, the Croatian text of this Protocol, which will also be faith in the texts referred to in the first paragraph, will also be deposited in the archives of the Government of the Italian Republic, which will give a certified copy to each of the governments of the other Member States.
IN WITNESS WHEREOF, the undersigned plenipotentiaries have affixed their signature at the bottom of this protocol.
Done in Brussels on 13 June 2012.

An Act to endorse the Protocol on the Concerns of the Irish People concerning the Lisbon Treaty, done in Brussels on 13 June 2012