Ireland 1937 Constitution (reviewed 2019)

INTERNATIONAL RELATIONS

ARTICLE 29

1. 1. Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
   2. Ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.
   3. Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.

4

1. 1. 1. The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.
      2. For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.
      3. The State may become a member of the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March, 1957).
      4. Ireland affirms its commitment to the European Union within which the member states of that Union work together to promote peace, shared values and the well-being of their peoples.
      5. The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007 (Treaty of Lisbon), and may be a member of the European Union established by virtue of that Treaty.
      6. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union referred to in subsection 5° of this section or of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by
         1. the said European Union or the European Atomic Energy Community, or institutions thereof,
         2. the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or institutions thereof, or
         3. bodies competent under the treaties referred to in this section,

         from having the force of law in the State.

      7. State may exercise the options or discretions
         1. to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies,
         2. under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community), and
         3. under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in whole or in part, cease to apply to the State,

         but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

      8. The State may agree to the decisions, regulations or other acts
         1. under the Treaty on European Union and the Treaty on the Functioning of the European Union authorising the Council of the European Union to act other than by unanimity,
         2. under those treaties authorising the adoption of the ordinary legislative procedure, and
         3. under subparagraph (d) of Article 82.2, the third subparagraph of Article 83.1 and paragraphs 1 and 4 of Article 86 of the Treaty on the Functioning of the European Union, relating to the area of freedom, security and justice,

         but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

      9. The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 42 of the Treaty on European Union where that common defence would include the State.
      10. The State may ratify the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union done at Brussels on the 2nd day of March 2012. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Treaty or prevents laws enacted, acts done or measures adopted by bodies competent under that Treaty from having the force of law in the State.

5

1. 1. 1. Every international agreement to which the State becomes a party shall be laid before Dáil Éireann.
      2. The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
      3. This section shall not apply to agreements or conventions of a technical and administrative character.
   2. No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.

7

1. 1. The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.
   2. Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
2. The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.
3. The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.