European Communities Act 1972 (Ireland)
The European Communities Act 1972 (No. 27 of 1972) is an Act of the Irish parliament, the Oireachtas, that incorporates the treaties and law of the European Union into the domestic law of the Republic of Ireland. The Act did not just incorporate the law of the EC that existed at the time of its enactment, but prospectively incorporates legislative acts of the Community and Union enacted subsequently.
The Act also provides that statutory instruments which are adopted to give effect to EU law are to have effect as if they are acts of parliament. Doing either of these things normally counts as an unconstitutional delegation of the legislative power of the state. As such the Act is one of those protected by the Third Amendment of the Constitution of Ireland. The constitutionality of these provisions was challenged in Meagher v Minister for Agriculture on the basis that they were an unlawful delegation of legislative power by the Oireachtas to the Government. The plaintiff was successful in the High Court but the decision was reversed on appeal to the Supreme Court. The Court ruling that:
- "The court is satisfied that, having regard to the number of community laws, acts done and measures adopted which either have to be facilitated in their direct application to the law of the State or have to be implemented by appropriate action into the law of the State, the obligation of membership would necessitate facilitating of these activities, in some instances, at least, and possibly in a great majority of instances, by the making of ministerial regulations rather than legislation of the Oireachtas."[1]
Notes
- ↑ Meagher v Minister for Agriculture [1993] IEHC 2 at para. 17, [1994] 1 IR 329 (18 November 1993)
