EU law

Howlin

I dont know if this would come under this thread but ill try it here
is it true that EU law trumps irish law and if so can you proved some place i can find to prove it

meglome

Howlin wrote: »

I dont know if this would come under this thread but ill try it here
is it true that EU law trumps irish law and if so can you proved some place i can find to prove it

Let's imagine you join a club. Would it be odd if you agreed to the rules of that club to join?

Howlin

but the only differance is that if i join a club it wouldnt be able to make me do something that i dont want to do as the option to leave the club is there

meglome

Howlin wrote: »

but the only differance is that if i join a club it wouldnt be able to make me do something that i dont want to do as the option to leave the club is there

What did this club make anyone do exactly?

(BTW The Lisbon treaty brought in a way for us to leave the EU should we wish to).

Howlin

first of all its ok to have this thread in this part of the fourm?

Its just that i have heard different people saying that the EU law comes first then the irish law and im just courious on if its true or not and if it is where can i find information to back it up

im not wanting to disgree or have a debate on it just curious

meglome

Look this is what I'm trying to get across to you. What sense would it make if you join a club but refused to agree to the rules. Everyone in the club has to agree to the same rules so since 1972 EU law takes precedent. But we are involved in making those laws, we are not forced to do anything.

Howlin

the only thing is that if u jon a club u dont loose ur freedom and if the club says u have to do something if u dont like it u can leave and thats it. Also every club has its limits on what it can do to you

meglome

Howlin wrote: »

the only thing is that if u jon a club u dont loose ur freedom and if the club says u have to do something if u dont like it u can leave and thats it. Also every club has its limits on what it can do to you

Okay so as I already asked what are we being forced to do?
And the the treaties we have the EU strictly set what can and can't be done.

Corsendonk

Howlin wrote: »

I dont know if this would come under this thread but ill try it here
is it true that EU law trumps irish law and if so can you proved some place i can find to prove it

The below extracts from the Europa website should answer your question.

Treaty of Rome

Article 288
To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.
A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety upon those to whom it is addressed.
Recommendations and opinions shall have no binding force.

Europa Website

What is EU law?

The main goal of the EU is the progressive integration of Member States' economic and political systems and the establishment of a single market based on the free movement of goods, people, money and services.

To this end, its Member States cede part of their sovereignty under the Treaty on the Functioning of the European Union (TFEU) which empowers the EU institutions to adopt laws.

These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc.

What are EU regulations?

Regulations are the most direct form of EU law - as soon as they are passed, they have binding legal force throughout every Member State, on a par with national laws. National governments do not have to take action themselves to implement EU regulations.

They are different from directives, which are addressed to national authorities, who must then take action to make them part of national law, and decisions, which apply in specific cases only, involving particular authorities or individuals.

Regulations are passed either jointly by the EU Council and European Parliament, and by the Commission alone.

So regulations are more general law. Often referred to as horizontal laws.

What are EU directives?

EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards).

Directives are more specific to an area, so toy safety, marketing standards of produce, beef labelling etc. They are often called vertical laws. We adopt them into our own laws so effectively they become Irish Law.

A member state can seek a derogation.

Whats a Derogation?

A derogation is a provision in an EU legislative measure which allows for all or part of the legal measure to be applied differently, or not at all, to individuals, groups or organisations. The option to derogate is often granted to Member States and also to the social partners. In this context, derogation is not a provision excluding application of the legal measure: it is a choice given to allow for greater flexibility in the application of the law, enabling Member States or social partners to take into account special circumstances.

An example of one Ireland has currently is below:

Nitrates Directive
The EU Commission granted Ireland a derogation on the 22 October 2007, which allowed landspreading rates of up to 250kg of Nitrogen per hectare per annum under specific circumstances The Nitrates Regulations provide the legal basis for the operation of this derogation.


As of 24/11/09 Ireland had 99.2% progress in notification of national measures implementing all adopted directives which was close to average for member states.

Further Reading
Application of EU Law
http://ec.europa.eu/community_law/index_en.htm
EU Law site
http://eur-lex.europa.eu/en/index.htm

Corsendonk

Howlin wrote: »

the only thing is that if u jon a club u dont loose ur freedom and if the club says u have to do something if u dont like it u can leave and thats it. Also every club has its limits on what it can do to you

I find that the people that give out about the EU never really bother reading the club rules thats how you end up with so many urban myths about it. Its always boring reading any clubs rules but worth it in the end.

Link to some of the myths explained, usually started by British Tabloids or their Orish versions.
http://ec.europa.eu/dgs/communication/take_part/myths_en.htm