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• The Lisbon Treaty passed in the UK House of Commons on 11^th March 2008

• It was passed in the UK House of Lords on 18^th June 2008

• Royal assent was granted on
  19^th June 2008

• The instruments of ratification were deposited in Rome on 16^th July 2008

Political Situation

18 July 2008 Stuart Wheeler lost his application of leave to appeal.

17 July 2008 The instrument for ratification have been filed in Rome. The UK has officially ratified the Lisbon Treaty, however the court case filed by Stuart Wheeler which was lost is currently about to go to appeal. According to the website specially created to explain the case it says:

“We applied to the Court of Appeal for leave to appeal and there was to be a hearing, on Friday 18 July, of that application. THE GOVERNMENT, HOWEVER, PERFORMED THE FINAL ACT OF RATIFICATION AT NOON YESTERDAY (16 JULY) KNOWING I WAS ABOUT TO APPLY TO THE COURT FOR PERMISSION TO APPEAL. It turns out, contrary to what I had thought until very recently, that ratification can be undone until all 27 members of the EU have ratified. I am therefore proceeding with a hearing ordered by Lord Justice Dyson to be held at 10:00 a.m. tomorrow morning (Friday 18 July), of my application for leave to appeal.” www.stuartwheeler.co.uk

15 July 2008 Stuart Wheeler lost his case.  However he today lodged his application to the Court of Appeal to be permitted to appeal. The Lisbon Treaty is therefore not ratified in the UK. For more information see our UK court case page.

20 June 2008 - On the 2^nd May Stuart Wheeler won permission for a high court challange over the British government's refusal to hold a referendum on the Lisbon Treaty. The British Prime Minister Gordon Brown during the summit announced that the UK had ratified the treaty. However with the court case this was not a wise move, and Mr Brown had to retract his earlier statement.  Britian therefore has not yet ratified the Treaty.

Find here a comprehensive report on the current situtaion in the UK!

There have been calls from across the political spectrum in the UK for a referendum on the new EU Reform Treaty. The British Prime Minister Gordon Brown has stated that the new Treaty is not the same as the previous Constitution therefore the referendum that was promised for the Constitution is no longer valid.[1]  However the PM faces much opposition even from within his own party over the issue. 120 Labour MPs have gone against the party line and are campaigning for a referendum[2] together with the British Conservative Party, the UK Independence Party and some MPs from the Green Party and the Liberal Democrats. Calls for a referendum are also coming from the trade unions with the GMB (Britain’s General Union) and the RMC (National Union of Rail, Maritime and Transport Workers) leading the way. There are many other organisations and individuals who are asking the government to hold a referendum.

The devolved Scottish Parliament has decided that it might hold a non-binding consultative poll on the new Treaty. This decision mainly surrounds the Common Fisheries Policy which the Scottish National Party (which makes up the minority government) thinks that it is in need of reform. It is also believed that if Scotland goes ahead then the devolved Northern Irish government shall follow suit and hold a consultative poll as well.[3] If the Scottish and the Northern Irish were to hold “polls” then this would have significant repercussions for the English and Welsh who would most certainly argue for their right to vote on the new Treaty.

Presently the campaigns in the UK are going strong and support for a referendum in the UK is high[4] however there has been little movement from the government towards allowing the people to have their say.

Ratification Process

The United Kingdom has no written constitution.

Ratification of International Treaties
Treaties are ratified by the Foreign Secretary, acting on the residual authority of the Crown (Royal Prerogative). Parliament has no formal role in treaty-making. However since the 1920’s there has been a constitutional practice called “the Ponsonby Rule” which requires that all treaties are subject to ratification be laid before parliament for information and debate. Under British constitutional practice, the passage of the implementing legislation is not formally part of ratification, but it must precede ratification.

Approval of European Treaties
When the UK joined the then European Economic Community, accession was preceded by the passing of the European Communities Act 1972 which made the Treaty and the law deriving from it applicable within the UK. Changes to the European treaties that implicate constitutional changes for the UK for example the Maastricht Treaty are implemented by amending the European Communities Act 1972.

Other Regulations on Referendum
Binding referendums require legal implementation as a part of the ratification-process. Consultative referendum can however be held if ordered by ad-hoc law.

Ratification of the old EU Constitution

Referendum postponed after the French and Dutch “no” votes.

Support for a EU Constitution

43% of the British population are in favour of a constitution for the European Union. - (Eurobarometer 67 June 2007)

Referendums Held on European Issues

• 1975: EC Membership (67,23 % Yes. 64,03 Turnout)