Part IV: Defence opt-out:The treaty advances the EU's aim of framing a common defence policy
FEARS THAT the Lisbon Treaty could lead to conscription in Ireland or an EU army arose during the first referendum campaign on the Lisbon Treaty last June.
But there was no mention of either possibility in the text of the treaty, which seeks to strengthen Europe’s defence capacity while allowing neutral member states the flexibility to opt in and out of European security and defence policy (ESDP).
The treaty advances the ambition for the EU to frame a common defence policy. The term ESDP is replaced by the title “common security and defence policy” (CSDP) in the treaty and Lisbon states that the common security and defence policy “shall include the progressive framing of a common union defence policy”.
“This will lead to a common defence, when the European Council, acting unanimously, so decides,” it continues.
The treaty includes for the first time an article on mutual assistance, which requires that if a state is subject to armed aggression, the “other member states have towards it an obligation of aid and assistance by all means in their power”.
There is also a solidarity clause in Lisbon, which requires the union and member states to act jointly in a spirit of solidarity if a member state comes under terrorist attack or faces a natural or man-made disaster by mobilising all assets at their disposal. These are all significant steps forward.
However, on all these points the Government, and other neutrals, notably Austria and Sweden, sought and received opt-outs and guarantees that any obligations on them will be circumscribed by their own national constitutional commitments on security and defence.
Lisbon’s mutual assistance clause states that it “shall not prejudice the specific character of the security and defence policy of certain member states”.
The treaty also provides that member states shall take a decision on joining a common defence arrangement in “accordance with their respective constitutional requirements”.
Ireland’s right to opt out is also copper-fastened by the 26th amendment to the Constitution, introduced as part of the Nice Treaty, which prohibits Irish involvement in common defence.
Moreover, Lisbon upholds the requirement for unanimity before peacekeeping or military missions can be deployed overseas.
This means Ireland cannot be forced to take part in missions and can continue to veto operations that it does not believe comply with the EU’s values or doctrine.
There is a mechanism in Lisbon that enables the council, acting unanimously, to “entrust the execution of a task, within the union framework, to a group of member states in order to protect the union’s values and serve its interests”.
But even in this case the council must be kept informed of the mission, and any amendment to the scope or conditions of the task must again be made on the basis of a unanimous decision by all states.