Conference Contribution Details
Mandatory Fields
Cahill, Maria
3rd Annual Conference of Irish Society of Comparative Law
Comparing and contrasting the Irish ‘guarantees’ and the German Lisbon Decision
Peer Reviewed Abstract
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In the space of two weeks, in June 2009, the Irish government secured ‘guarantees’ in advance of the second referendum on the Lisbon Treaty and the German Federal Constitutional Court gave its ruling in the famous Lisbon decision. Whilst these two documents entail and comprise two completely different legal responses to the Lisbon Treaty, there is an interesting point of similarity between them: both seek to recognise (and enshrine?) the primacy of the national constitutional order in certain specific competence fields, and the specific fields mentioned are, for the most part, the same in both documents. This presentation seeks, first, to examine what is sought to be protected at and by the national constitutional legal order in both documents and, secondly, to contrast the legal status of the two documents in order to assess their constitutional strength.