**Twenty-eighth Amendment of the Constitution of Ireland**
**Definition:**
The Twenty-eighth Amendment of the Constitution of Ireland was a constitutional amendment approved by referendum in 2009 that permitted the state to ratify the Treaty of Lisbon of the European Union, thereby allowing Ireland to continue its membership under the revised EU framework.
—
# Twenty-eighth Amendment of the Constitution of Ireland
The Twenty-eighth Amendment of the Constitution of Ireland was a significant constitutional change enacted to facilitate Ireland’s ratification of the Treaty of Lisbon, an international agreement intended to enhance the efficiency and democratic legitimacy of the European Union (EU). The amendment was approved by a public referendum held on 12 June 2009, following the rejection of the treaty in an earlier referendum in 2008. The amendment allowed the Irish government to ratify the Treaty of Lisbon by addressing constitutional concerns related to sovereignty and the transfer of powers to the EU.
## Background
### The European Union and Ireland
Ireland has been a member of the European Union and its predecessor organizations since 1973. Membership in the EU has had profound economic, social, and political impacts on the country. As a member state, Ireland is subject to EU treaties, which form the constitutional basis of the Union’s legal and institutional framework.
### The Treaty of Lisbon
The Treaty of Lisbon was signed on 13 December 2007 by the EU member states. It aimed to reform the EU’s institutional structure to improve decision-making processes, increase transparency, and enhance the role of the European Parliament. The treaty amended the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), which was renamed the Treaty on the Functioning of the European Union (TFEU).
Key features of the Treaty of Lisbon included:
– The creation of a permanent President of the European Council.
– The establishment of a High Representative for Foreign Affairs and Security Policy.
– Changes to voting procedures in the Council of the European Union.
– Enhanced powers for the European Parliament.
– The introduction of the Charter of Fundamental Rights as legally binding.
### Irish Constitutional Concerns
Ireland’s constitution, Bunreacht na hÉireann, contains provisions that protect the country’s sovereignty. Any transfer of sovereign powers to an international organization such as the EU requires constitutional authorization. The Supreme Court of Ireland, in the landmark case *Crotty v. An Taoiseach* (1987), ruled that significant changes to EU treaties that affect Irish sovereignty require a constitutional amendment approved by referendum.
The Treaty of Lisbon introduced changes that were considered significant enough to require such an amendment. The government therefore proposed the Twenty-eighth Amendment to allow ratification.
## The First Lisbon Treaty Referendum (2008)
Ireland held its first referendum on the Treaty of Lisbon on 12 June 2008. The government campaigned in favor of the treaty, emphasizing the benefits of continued EU membership and the importance of the treaty for the EU’s future. However, the referendum resulted in a surprising rejection, with 53.4% voting against and 46.6% in favor.
The „No” vote was attributed to various factors, including concerns about loss of sovereignty, neutrality, taxation, and social issues. The result was a significant setback for the EU and prompted a period of reflection and negotiation.
## The Twenty-eighth Amendment of the Constitution Bill 2009
Following the rejection, the Irish government sought to address the concerns raised by voters and secure legal guarantees from the EU. These guarantees related to issues such as military neutrality, taxation, family and social policy, and ethical matters.
### Legal Guarantees
The Irish government obtained legally binding guarantees from the European Council in October 2009, which clarified that the Treaty of Lisbon would not affect Ireland’s policy of military neutrality, would not impose any changes to Irish taxation policy, and would respect Ireland’s constitutional provisions on family and ethical issues.
### The Amendment Bill
The Twenty-eighth Amendment of the Constitution Bill 2009 was introduced to the Oireachtas (Irish Parliament) to permit the state to ratify the Treaty of Lisbon. The bill proposed inserting a new subsection into Article 29.4 of the Constitution, which deals with international relations, explicitly authorizing the state to ratify the treaty.
The text of the amendment read:
> „The State may ratify the Treaty of Lisbon signed at Lisbon on 13 December 2007.”
The bill passed both houses of the Oireachtas without significant opposition.
## The Second Lisbon Treaty Referendum (2009)
The referendum on the Twenty-eighth Amendment was held on 2 October 2009. The government and pro-EU parties campaigned vigorously for a „Yes” vote, emphasizing the legal guarantees and the importance of the treaty for Ireland’s future in the EU.
Opposition came from various groups, including some political parties, trade unions, and civil society organizations, who remained concerned about sovereignty and other issues.
### Result
The referendum resulted in a decisive approval of the amendment, with approximately 67.1% voting in favor and 32.9% against. The turnout was around 59%.
The approval allowed the Irish government to proceed with ratification of the Treaty of Lisbon.
## Ratification and Implementation
Following the successful referendum, Ireland formally ratified the Treaty of Lisbon on 23 October 2009. The treaty came into force on 1 December 2009 after ratification by all EU member states.
The Twenty-eighth Amendment thus ensured that Ireland’s constitutional requirements were met, allowing the country to remain a full participant in the reformed European Union.
## Impact and Significance
### Constitutional Impact
The amendment reaffirmed the principle that significant transfers of sovereignty to the EU require explicit constitutional authorization in Ireland. It also demonstrated the importance of public consent in matters of EU integration.
### Political Impact
The successful referendum restored Ireland’s position as a committed EU member after the initial rejection. It also highlighted the role of legal guarantees and public engagement in addressing concerns about EU treaties.
### European Union Impact
Ireland’s ratification was crucial for the Treaty of Lisbon to come into effect, as unanimous ratification by all member states was required. The treaty has since shaped the EU’s institutional framework and policies.
## Related Amendments and Legal Context
Ireland has amended its constitution several times to accommodate EU treaties, including:
– The Third Amendment (1972) to permit membership of the European Communities.
– The Eighteenth Amendment (1998) to allow ratification of the Amsterdam Treaty.
– The Twenty-sixth Amendment (2002) for the Nice Treaty.
– The Twenty-ninth Amendment (2011) related to the Fiscal Compact.
Each amendment reflects Ireland’s evolving relationship with the EU and the constitutional safeguards in place.
## Conclusion
The Twenty-eighth Amendment of the Constitution of Ireland was a pivotal legal and political development that enabled Ireland to ratify the Treaty of Lisbon and continue its active participation in the European Union. It underscored the constitutional requirement for public approval of significant EU treaty changes and demonstrated the importance of addressing public concerns through legal guarantees and transparent dialogue.
—
**Meta Description:**
The Twenty-eighth Amendment of the Constitution of Ireland, approved in 2009, authorized the state to ratify the Treaty of Lisbon, enabling Ireland to continue its membership in the European Union under the treaty’s revised framework.