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Decree No. 2015-926 28 July 2015 On The Publication Of The Protocol Relating To The Concerns Of The Irish People On The Lisbon Treaty, Signed By The France On May 30, 2012 In Brussels

Original Language Title: Décret n° 2015-926 du 28 juillet 2015 portant publication du protocole relatif aux préoccupations du peuple irlandais concernant le traité de Lisbonne, signé par la France le 30 mai 2012 à Bruxelles

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Keywords

BUSINESS , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , LISBON TRAITE , ADHESION TRAITE , EUROPEAN UNION , IRLAND PEOPLE , PREOCUPATION , VIEW , FAMILY , EDUCATION , FISCALITY , PUBLICITY ,


JORF n°0174 of 30 July 2015 page 13002
text No. 3



Decree No. 2015-926 of 28 July 2015 on the publication of the protocol on the concerns of the Irish people concerning the Lisbon Treaty, signed by France on 30 May 2012 in Brussels (1)

NOR: MAEJ1512574D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/7/28/MAEJ1512574D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/7/28/2015-926/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2009-1466 of 1 December 2009 publishing the Lisbon Treaty amending the Treaty on the European Union and the Treaty establishing the European Community, signed in Lisbon on 13 December 2007, and related acts;
Vu le Decree No. 2014-281 of 28 February 2014 publication of the Treaty on the Accession of the Republic of Croatia to the European Union (set of nine annexes and one protocol), signed in Brussels on 9 December 2011,
Decrete:

Article 1


The protocol on the concerns of the Irish people concerning the Lisbon Treaty, signed by France on 30 May 2012 in Brussels, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    PROTOCOLE
    RELATING TO THE PRECUPATIONS OF THE IRELAND PEOPLE CONCERNING THE TREATMENT OF LISBON, SIGNED BY FRANCE on 30 MAY 2012 BRUXELLES


    The Kingdom of Belgium,
    The Republic of Bulgaria,
    The Czech Republic,
    The Kingdom of Denmark,
    The Federal Republic of Germany,
    The Republic of Estonia,
    Ireland,
    The Hellenic Republic,
    The Kingdom of Spain,
    La République française,
    The Italian Republic,
    The Republic of Cyprus,
    The Republic of Latvia,
    The Republic of Lithuania,
    The Grand Duchy of Luxembourg,
    Hungary,
    The Kingdom of the Netherlands,
    The Republic of Austria,
    The Republic of Poland,
    The Portuguese Republic,
    Romania,
    The Republic of Slovenia,
    The Slovak Republic,
    The Republic of Finland,
    The Kingdom of Sweden,
    The United Kingdom of Great Britain and Northern Ireland,
    hereafter referred to as "The High 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, declared 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;
    Noting 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,
    The following provisions are agreed upon, which are annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union:

    • Part I: RIGHT TO VIEW, 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 DISCUSSION


      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 remains 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 on July 28, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Effective December 1, 2014.
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