Title IV of the Treaty on European Union contains only Article 20 on enhanced co-operation. This is a system whereby a certain number of member states can go ahead and co-operate in certain areas. Safeguards are laid down with the details set out later in the TFEU and a full protocol is also included. It has existed since 1996 but has never been used. However it is reasonable to say it may become more common if Lisbon is not ratified by all states.

Title V contains the general provisions on the External Action of the Union. Even with this new title the reality is very little has changed on this area although one would hardly think so from the debate.

Article 21 sets out the principles governing the external actions of the EU, notably democracy, human rights, the rule of law and the U.N. Charter

Article 22 provides for the EU to define it’s interests and objectives in this area on the basis of the values in the previous article and this is done unanimously by the European Council

Article 23 in specifically defining a common and security policy reiterates that this must be consistent with the earlier values

Article 24 sets out the aim of a common defence policy and the possibility of a common defence, the later is prohibited by the Irish Constitution and the June Guarantees also say these matters are for Ireland alone to decide. Unanimity is set out as the normal decision making process for the most important decisions and generally the European Parliament and the ECJ do not have a role as these are seen as the most sensitive areas where national positions are respected. The role of the High Representative is reaffirmed as members are expected to support the policies agreed. This has been seen as a sensitive area for Ireland and there are several safeguards such as unanimity in decision making, the principles which govern the external action, the provisions of our constitution and the Brussels Guarantees.

Article 25 provides some of the detailed mechanisms for the common foreign and security policy

Article 26 sets out the role of the European Council in this area

Article 27 sets out the role of the High Rep. in leading the common and security policy and an external action service

Article 28 provides for decision making in the area for operations

Article 29 provides for thematic and geographic positions which member states should support having adopted

Article 30 provides for bringing items to the Council and the calling of meetings

Article 31 re-iterates unanimity as the decision making method for the most important decisions and set out the areas where it will not apply these are generally in the area of implementation and a member state can prevent QMV here if it is seen as a vital national interest

Article 32 provides that members should consult each other about actions they may take and keep each other informed

Article 33 allows for the appointment of special representatives

Article 34 provides for co-operation and co-ordination in other international organisations

Article 35 provides for co-operation between the diplomatic and consular services of member states

Article 36 sets out the role of the European Parliament in the Common Foreign and Security Policy

Article 37 allows the Union to conclude international agreements

Article 38 outlines the role and function of the Political and Security Committee, a specialist committee in this area

Article 39 provides for action in the area of data protection consistent with the TFEU

Article 40 provides that the CFSP does not affect the division of powers between the Union and member states set out in the TFEU

Article 41 sets out who pays for what in this area

The European Security and Defence Policy has existed since 2003 and in all nearly 30 missions have been or are being undertaken. It is hard to locate any of those which would be inconsistent with Irish foreign policy values and indeed Ireland has been a prominent participant in many missions. A simple examination of the missions illustrates this http://www.isis-europe.org/pdf/2009_artrel_253_esr43-esdp-mission-update.pdf

Article 42 sets out the CSDP as a part of the CFSP. It sets out the role of the CSDP as being the operational side of the CFSP, common defence can only come about by unanimity. It is also set out that it will not prejudice the specific defence characteristics of member states a phrase Ireland originally had inserted in to the treaties. It provides for making forces available for missions and that members will improve heir capabilities. Despite claims there is no provision for extra defence spending and such a commitment could be met by refocussing or re-organising defences. Indeed much of this area is an exhortation rather than an enforceable commitment. Ireland has undergone much re-organising of defence forces and will probably continue to do so. Unanimity in all decisions on operations is once more reaffirmed. Assistance to other member states is provided for but must be consistent with member states policies. NATO membership is also respected in this area.

Article 43 sets out the types of tasks involved. These were originally known as the Petersberg Tasks and are largely in the area of peace-keeping and crisis management.

Article 44 allows for the entrustment of agreed tasks to specific member states or groups of member states

Article 45 covers the European Defence Agency (see earlier post). This is the provision of a Treaty basis for the agency which already exists.

Article 46 provides for structured co-operation a form of enhanced co-operation in this area but with different rules. It can be established by QMV but only for the missions established by unanimity and for the values set out earlier and consistent with the Petersberg Tasks

Article 47 says the Union has legal personality, in other words it can enter into agreements. While stated more clearly here this is not a new provision for example in the area of trade.

Article 48 has been debated a lot in both campaigns with the allegation that somehow the treaty becomes “self amending” notwithstanding the peculiar nature of this idea the concept has been less common in Lisbon II presumably because people have read the provisions. Indeed they were ably covered by Justice Frank Clarke on Morning Ireland. The Article effectively outlines two methods for amending the treaty one involving an Inter Governmental Conference and one which does not. Both methods however require ratification by member states in accordance with their own constitutional traditions. This effectively means referendums for major changes in Ireland.

No campaigners have said that some minor changes or the change to QMV in some areas can be done without a referendum. However the key is this can be done at the moment. Several minor changes can be made to treaties, the perfect example being accession treaties which Ireland currently ratifies without referendums. The Crotty case already has said moving to QMV was not a matter requiring a referendum but was covered by the 1973 accession referendum.