Opinion on the procedure for the ratification of Protocol on the concerns of the Irish people on the Treaty of Lisbon, done at Brussels on 13 June 2012

The opinion provides an assessment of the correctness of the choice by the Council of Ministers of the procedure for ratification of the Protocol on the concerns of the Irish people on the Treaty of Lisbon, done at Brussels on 13 June 2012 (the so-called Irish Protocol). As a consequence of the Irish Parliament’s expectations relating to the protection of certain values and interests, which are of vital importance for Ireland and constitute a condition sine qua non of the ratification of the Treaty of Lisbon, the development of the above mentioned Protocol and ratification thereof by all EU member states has proved to be necessary. The author claims that there are no grounds for the application of the procedure specified in Article 90 of the Constitution of the Republic of Poland, instead of the procedure referred to in Article 89 (1) of the Constitution (i.e. with prior consent granted in statute)