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[136] [137] Bill Cash MP sought a judicial review in the UK High Court on 17 June 2008 on the grounds that the Irish referendum vote had made the Lisbon Treaty "incapable of ratification". The judge rejected the claim on the grounds that it was for parliament rather than the courts to decide whether the bill should be passed, and that Cash was ...
The Twenty-eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009 (previously bill no. 49 of 2009) is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Lisbon of the European Union. It was approved by referendum on 2 October 2009 (sometimes known as the second Lisbon referendum).
Only one member state, Ireland, obliged by their constitution, decided on ratification of the Treaty of Lisbon through a referendum. Ireland — a referendum to approve the Twenty-eighth Amendment of the Constitution Bill, 2008 (Ireland), 12 June 2008, 53.2% against, turnout 53.1%; In 2008, Irish voters rejected the Treaty of Lisbon.
The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states on 13 December 2007, entered into force on 1 December 2009. [2]
On 29 October 2004, the Foreign Secretary Jack Straw ruled out holding a referendum in 2005 as this would have coincided with the UK holding the rotating presidency of the Council of the European Union. [4] He said that the referendum would be held in early 2006, providing Labour were re-elected in the 2005 general election.
The treaty had been intended to enter into force on 1 January 2009, but had to be delayed following the Irish rejection. However, the Lisbon treaty was approved by Irish voters when the Twenty-eighth Amendment of the constitution was approved in the second Lisbon referendum, held in October 2009.
The Act does not actually ratify the treaty; it merely adds the Lisbon Treaty to the treaties listed in section 1(2) of the European Communities Act 1972. The actual ratification by the United Kingdom of the treaty took place when the British Government deposited the instruments of ratification in Rome on 16 July 2008. [9]
The first referendum on the Treaty of Lisbon held on 12 June 2008 was rejected by the Irish electorate, by a margin of 53.4% to 46.6%, with a turnout of 53%. [5] The second referendum on the Treaty of Lisbon held on 2 October 2009 and the proposal was approved by 67.1% to 32.9%, with a turnout of 59%. [6]