European Communities Act 1972 (Ireland)
Encyclopedia
The European Communities Act 1972 (No. 27 of 1972) is an Act
of the Oireachtas
(Irish parliament) which incorporated the Treaty of Rome
and the laws of the then European Communities
into the domestic law of the Republic of Ireland
. The Act did not just just incorporate the law of the EC which existed prior to its enactment but incorporated, prospectively, legislative acts of the Community enacted subsequently. The Act also provided for the adoption of statutory instrument
s implementing EC law which have effect as if they are Acts of Parliament. Doing either of these things would normally count as an unconstitutional delegation of the legislative power of the state. As such the Act is one of those which is protected by the Third Amendment of the Constitution of Ireland
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(Irish parliament) which incorporated the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
and the laws of the then European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
into the domestic law of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. The Act did not just just incorporate the law of the EC which existed prior to its enactment but incorporated, prospectively, legislative acts of the Community enacted subsequently. The Act also provided for the adoption of statutory instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
s implementing EC law which have effect as if they are Acts of Parliament. Doing either of these things would normally count as an unconstitutional delegation of the legislative power of the state. As such the Act is one of those which is protected by the Third Amendment of the Constitution of Ireland
Third Amendment of the Constitution of Ireland
The Third Amendment of the Constitution of Ireland permitted the state to join the European Communities and provided that European law would take precedence over the constitution...
.