European Union (Croatian Accession and Irish Protocol) Bill

No, the treaties apply equally to every member state unless an explicit derogation or opt-out is laid down in a protocol or in the body of a treaty—that is the case with the UK’s and Denmark’s right not to join the euro. In this case, the Irish protocol does not provide an opt-out or derogation. Instead, it serves as a formal justiciable clarification of certain provisions of the treaty that apply equally to all member states of the EU. In the hypothetical case that my hon. Friend describes, it would be for the UK or any other member state to cite the protocol in support of its arguments.