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The amendment itself...

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  • 16-09-2009 12:42pm
    #1
    kiffer
    Registered Users Posts: 2,097 ✭✭✭


    Polling cards arrived today... along with a little booklet on the amendment to be voted on...
    Could someone fill me in on what would constitute a law necessitated by obligations of membership...
    What are the obligations of membership?
    29th Amendment wrote:
    ...
    6. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union referred to in subsection 5 of this section or of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by—

    i. the said European Union or the European Atomic Energy Community, or by institutions thereof,
    ii. the European Communities or European Union existing immediately before the entry into force of the Treaty of Lisbon, or by institutions thereof, or
    iii. bodies competent under the treaties referred to in this section,

    from having the force of law in the State.
    ...

    Does this actually mean that if an EU law is created that would be unconstitutional in Ireland then it still applicable in Ireland despite being otherwise unconstitutional here? Or not?


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    #2
    prinz
    Registered Users Posts: 14,598 ✭✭✭✭prinz


    kiffer wrote: »
    Does this actually mean that if an EU law is created that would be unconstitutional in Ireland then it still applicable in Ireland despite being otherwise unconstitutional here? Or not?

    Not.


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    #3
    kiffer
    Registered Users Posts: 2,097 ✭✭✭kiffer


    prinz wrote: »
    Not.

    Why not? Doesn't this say "No provision of this Constitution ... prevents laws enacted, acts done or measures adopted by (list of bodies) from having the force of law in the State?"


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    #4
    turgon
    Closed Accounts Posts: 3,762 ✭✭✭turgon


    This is very similar to the current wording that is in our constitution:
    Article 29 wrote:
    10° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State
    which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or
    measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the
    Communities, from having the force of law in the State.


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    #5
    Scofflaw
    Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    kiffer wrote: »
    Polling cards arrived today... along with a little booklet on the amendment to be voted on...
    Could someone fill me in on what would constitute a law necessitated by obligations of membership...
    What are the obligations of membership?

    Does this actually mean that if an EU law is created that would be unconstitutional in Ireland then it still applicable in Ireland despite being otherwise unconstitutional here? Or not?

    Yes, that's what it means. It was an amendment we inserted in the Constitution back when we joined in 1973 (as turgon points out), and which is being carried on here. It's not the same thing as the primacy of EU law, though, which was something that had already been established by case law precedent when we joined.

    It's not a blanket license, because of the "necessitated by the obligations of membership" bit. As far as I know that's not been tested in the Courts, because - again, as far as I know - the EU hasn't yet done anything unconstitutional anyway. I'm not sure whether it would strictly speaking cover any EU legislation that Ireland voted for, since Ireland is not obliged to vote for anything, and the legislation could be seen as resulting from Ireland's vote in favour.

    cordially,
    Scofflaw


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