How is E.U Law superior to Irish domestic Law?

Jen000 · 25-11-2008 6:59pm #1

Hi!
Can anyone help me. I am currently doing an Assignment on The Sources of irish Law, i have it nearly finished but my last question is Explain how eu law is superior to irish domestic law? I have about a paragraph so far but this is about all I can seem to find, If any one can help me that would be great I am aiming for about 3/4 page to full page. Even some websites for information would be great. This is all I have so far:

"When Ireland became a member of the European Union in 1973, by a referendum passed by the majority of the citizens, all E.U. laws were enacted into the constitution. When there is conflict between the constitution and E.U. law, the E.U. Law will always be superior. When there are major changes in E.U. Laws under a new treaty, Irish citizens are entitled to vote in referendum whether to incorporate these changes into Irish Law."

asdasd · 25-11-2008 6:59pm

I dont know if it is. that may be a trick question.

Jen000 · 25-11-2008 7:07pm

well i hope not because its a serious assignment. and i found that paragraph of research on citizens information website but cant seem to find much else. Thankyou anyway.

walrusgumble · 25-11-2008 7:17pm

maybe discuss something along the lines on how the Commission can investigate ireland or any member state where they have failed to implement legislation etc (areas where eu have competence via treaty) and how the european court can over rule,strike down various domestic case law and legislation, they give examples of cases when ireland came before the court?

Jen000 · 25-11-2008 7:57pm

Yes thats great thanks, its doesnt seem to be a question that you could have a very long answer to.

Tom Young · 25-11-2008 8:26pm

EU Law is directly Effective and Supreme save for a couple of areas. The 1973 European Communities Act provides shelter from aspects of the EU laws and indeed Article 29.2/29.4 of the Constitution in relation to Criminal Justice matters.

There are some sites: http://www.nuigalway.ie/law/Disability_summer_school/Docs/New%202006/Dermot%20Walsh%20European%20Legal%20Order%20NUIG%20Slides.ppt

I'd cite this. You'd need to talk about the Pillars!

Good luck.

Tom

Lockstep · 25-11-2008 11:20pm

Basically, Irelands membership of the EU means that the Union can make laws that apply in Ireland even when they havnt been passed by the dail (article 29.4.19 of the constitution)

Where there is conflict between Irish and EU law, EU law always prevails. Even regarding the constitution.
Laws made by the EU may automatically become part of Irish law wihtout need for incorporation by the Oireachtas.

Treaties (Lisbon, Maastricht etc) need to be ratified but can be refused by Ireland even if signed. It can always choose not to ratify.

Keep in mind though that a lecturer will want you to source everything so check out librarys and periodicals for extra info.

25-11-2008 11:43pm

Start with Van Gend en Loos and note Article 15.2.1:

"The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State."

How is E.U Law superior to Irish domestic Law?

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