The Impact of Eu on the Irish Legal System
TABLE OF CONTENTS
Section 1 Introduction 1 Section 2 EU LAW – Primary Legislation 2 2.1 Treaty of Rome 2 2.2 The Single European Act 2 2.3 The Maastricht Treaty 3 2.4 The Amsterdam Treaty 3 2.5 The Nice Treaty 3 2.6 The Lisbon Treaty 3 Section 3 EU LAW – Secondary Legislation 3.1 Regulations 4 3.2 Directives 4 3.3 Decisions 5 3.4 Recommendations, Opinions and Resolutions 5 Section 4 Crotty v. An Taoiseach - A Landmark Case. 7 Conclusion 9 Bibliography 10
Section 1
INTRODUCTION
The purpose of this report is to highlight how European Law has affected the Irish Legal System and the extent to which these laws are binding in Ireland.
Ireland began negotiations to join the European Union (EU) in 1972. For this to happen a referendum was taken and an amendment to the constitution had to be made. Ireland signed the Treaty of Accession and became an official member state in 1973.
By joining the EU, Ireland accepted the supremacy of European Laws. This means that those laws are bound and must be applied in the country over National Legislation and even over the Constitution. This had a significant impact in the Irish Legal System as sometimes EU Laws and National Laws conflict and, if this happen, the EU Law takes precedence. (Accounting Technicians Ireland Course Manual) There are two types of European Law: * Primary Legislation * Secondary Legislation
1
Section 2
EUROPEAN UNION LAW – PRIMARY LEGISLATION
The European Treaties are considered to be the Primary Legislation and they establish the European Union’s principles and laws. Its major objective is to make the EU more efficient.
After being developed, the Treaties must be signed by all the member states and then each member must ratify the Treaty in its own National Law.
As to ratify the Treaties, Ireland must amend its Constitution which is done through referendum and only then the Treaty becomes Law and is brought into force. Various Treaties
Section 1 Introduction 1 Section 2 EU LAW – Primary Legislation 2 2.1 Treaty of Rome 2 2.2 The Single European Act 2 2.3 The Maastricht Treaty 3 2.4 The Amsterdam Treaty 3 2.5 The Nice Treaty 3 2.6 The Lisbon Treaty 3 Section 3 EU LAW – Secondary Legislation 3.1 Regulations 4 3.2 Directives 4 3.3 Decisions 5 3.4 Recommendations, Opinions and Resolutions 5 Section 4 Crotty v. An Taoiseach - A Landmark Case. 7 Conclusion 9 Bibliography 10
Section 1
INTRODUCTION
The purpose of this report is to highlight how European Law has affected the Irish Legal System and the extent to which these laws are binding in Ireland.
Ireland began negotiations to join the European Union (EU) in 1972. For this to happen a referendum was taken and an amendment to the constitution had to be made. Ireland signed the Treaty of Accession and became an official member state in 1973.
By joining the EU, Ireland accepted the supremacy of European Laws. This means that those laws are bound and must be applied in the country over National Legislation and even over the Constitution. This had a significant impact in the Irish Legal System as sometimes EU Laws and National Laws conflict and, if this happen, the EU Law takes precedence. (Accounting Technicians Ireland Course Manual) There are two types of European Law: * Primary Legislation * Secondary Legislation
1
Section 2
EUROPEAN UNION LAW – PRIMARY LEGISLATION
The European Treaties are considered to be the Primary Legislation and they establish the European Union’s principles and laws. Its major objective is to make the EU more efficient.
After being developed, the Treaties must be signed by all the member states and then each member must ratify the Treaty in its own National Law.
As to ratify the Treaties, Ireland must amend its Constitution which is done through referendum and only then the Treaty becomes Law and is brought into force. Various Treaties
Bibliography: Various Treaties were signed and amended over the time and to date we have six, which are: * The Treaty of Rome (1957) * The Single European Act (1987) * The Maastricht Treaty (1993) * The Amsterdam Treaty (1997) * The Nice Treaty (2001) * The Lisbon Treaty (2009) (Keenan, 2012:298) http://ec.europa.eu/social/main.jsp?catId=706&langId=en&intPageId=205 4