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EU Treaties

Dáil Éireann Debate, Tuesday - 10 December 2013

Tuesday, 10 December 2013

Questions (106)

Dominic Hannigan

Question:

106. Deputy Dominic Hannigan asked the Tánaiste and Minister for Foreign Affairs and Trade if it is technically possible for section 48 of the Treaty on European Union to be amended so as to allow a part of an existing member state to continue to be part of the EU if that part were to secede from membership of the existing member state; if such were to occur, if a referendum would be required in Ireland to ratify the amended treaty; and if he will make a statement on the matter. [52862/13]

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Written answers

No proposal to amend the EU treaties in the manner suggested in the Deputy's question has been put forward. Any such proposal would raise complex issues of considerable sensitivity and so the Government must be careful to avoid expressing views prematurely. In all such cases, the Deputy can be assured that we are following the debate and the issues raised very closely. It would be technically possible for the EU Member States, acting unanimously and in accordance with their own constitutional procedures, and having followed the steps set out in Article 48, paragraphs 2 to 5 of the Treaty on European Union, to amend the EU Treaties in order to make provision for new states seceding from existing EU Member States to stay within the Union. Whether they would wish to do so is a matter in the first instance for each Member State.

In such circumstances for Ireland, as with other Treaty revisions, the final text of any amending Treaty would be referred to the Attorney General for advice as to whether an amendment of the Constitution (and thus a referendum) would be required to enable its ratification.

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