Dáil Éireann Debate, Wednesday - 20 May 2026
23. Deputy Emer Currie asked the Minister for Foreign Affairs and Trade her Department's official position on accession to the EU via the territorial expansion of a member state (details supplied); and if she will make a statement on the matter. [38207/26]
Amharc ar fhreagra24. Deputy Emer Currie asked the Minister for Foreign Affairs and Trade her Department's official position on accession to the EU via internal enlargement in which new member states arise from the break-up of an existing member state; and if she will make a statement on the matter. [38210/26]
Amharc ar fhreagraI propose to take Questions Nos. 23 and 24 together.
With respect to the two scenarios outlined in the questions the following situation applies, and Ireland has given its agreement to the understandings involved.
The 1990 reunification of Germany provides a precedent whereby additional territory has been integrated into an existing EU Member State and thereby enters the EU via this unification process, rather than through an accession process.
At a special session of the European Council held in Dublin in April 1990, it was agreed that, upon its integration into the Federal Republic of Germany (West Germany), the German Democratic Republic (East Germany) would likewise be integrated into the then European Economic Community (EEC) without the need for an accession treaty or an amendment to the EEC Treaty. The European Commission was mandated to draw up the necessary transitional measures that were to permit a balanced integration based on the principles of cohesion and solidarity and on the need to take account of all the interests involved, including those resulting from the European acquis. The transitional measures had to be confined to what was strictly necessary and aim at full integration as rapidly and as harmoniously as possible
This precedent informed the approach of the special European Council held on 29 April 2017, when, in the context of the UK’s withdrawal from the EU, EU leaders expressly acknowledged that the Good Friday Agreement provides for an agreed mechanism whereby a united Ireland may be brought about and that, in accordance with international law, the entire territory of such a united Ireland would thus be part of the European Union.
Regarding accession to the EU by a state which comes into existence from the break-up of an existing member state, the new state would be required to apply for EU membership as a new third country. In such circumstances, the applicant country would apply in line with Article 49 of the Treaty of European Union which outlines the conditions and procedures for any European country to apply and become a member of the EU.
Under Article 49 an application for membership is submitted to the Council which must approve the application unanimously, following consultation with the European Commission and the European Parliament. In order to be approved, an accession treaty must be signed by all existing EU member states, including the member state from which the applicant country has seceded. It must then be ratified by each of these states according to their respective constitutional requirements which could include a parliamentary vote of a national referendum.
