European Law

The European Accession Act (1972) and the amendment of article 29 of our Constitution, ? set aside our constitution in all but domestic law. This was challenged in the Supreme Court, by Economist? Raymond Crotty . The Supreme Court ruled against Mr Crotty and the Irish people were deceived. With? hindsight we may well question the competence and impartiality of that Court.? The amendments of section 4 of article 29 pertaining to Ireland’s membership of the E.U. were unnecessary, as section 4 paragraph 2 already provided cover for our membership on any international organisation, or league of Nations of which we might become a member. That section had been? included in the 1937 Constitution to enable Ireland to remain a member of the British Commonwealth.

How does this affect Us;

The “Oireachtas All Party Committee on the Constitution” stated in their 8Th progress report; regarding section.4.paragraphs 3 to 11: on membership of the European Union.

? A major constitutional issue that arises in connection with the EU is implementation of EU law. The Constitution provides cover for Laws Acts and Measures of EU bodies as necessitated by membership, (of the E.U.) and for the exercise of certain options under the EU treaties. In practice however this has enabled many EU measures to be transposed through regulations, rather than by way of Bills in a transparent fashion. This is clearly an undesirable practice which should not be used in any case of importance or where primary law is being amended.

Or to Quote Supreme Court Judge Seamus Henchy;

? It is as if the people of Ireland had adopted community law as a second but transcendent (superior) constitution, with the difference? that community law is not to be found in any single document – it is a living, growing organism…We are at once subjects of National and EU law.

This is in direct contradiction of Justice Henchy’s earlier ruling, and of every campaign promise, by every government, since we joined the E.E.C, which stated that we would not be required to abandon our constitution or surrender our political Sovereignty

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