The proposed amendment to the Constitution includes a provision to permit the State to exercise discretions, or options, subject to the approval of the Oireachtas. What are these?
The options referred to in article 11 (Consolidated Treaties, TEC) are to recognise the jurisdiction of the European Court of Justice to give preliminary rulings on the validity of conventions dealing with justice matters; and to allow groups of member states to use the institutions of the EU when they wish to establish closer co-operation in police and judicial matters, subject to safeguards and to obtaining permission from the Council, or if a member state is opposed, from the European Council (summit) acting by unanimity. (The text is in the Consolidated Treaties, TEU, art 40)
The Consolidated Treaties, TEC art 11, refers to the general possibility of groups of member states deciding to use the institutions to co-operate in areas that the treaties do not already cover. The co-operation should not affect Community policies nor Union citizenship, nor should it discriminate in or restrict trade. The method of requesting and granting permission for close co-operation is laid down, as is the way in which those member states who wish to do so may associate themselves with others already co-operating in this way.
The Consolidated Treaties, TEC arts 6169, provides that after five years, the Council shall be permitted to decide, by unanimity, to apply the co-decision procedure to some or all of the matters relating to visas, immigration and other policies related to free movement of persons. Until such a decision is taken, Council will merely consult the European Parliament.