The Irish legal order and Europe : the unravelling dynamic since accession

Abstract

The Study conducted here examines the evolving nature of the dynamic that is the relationship between the Irish and European legal orders from two perspectives: that of Article 234 of the EC Treaty and Article 29.4.10 of the Irish Constitution, the respective meeting points of two legal orders. The author considers the evolving operation and significance of the preliminary reference mechanism, pursuant to Article 234 EC, and the extent to which it constitutes a tool for "court- centric" or judicially-focussed theories of integration through law in the European Union within the context of the Irish legal order over a period of 30 years. The study conducted here identifies major constitutional difficulties attaching to the manner in which European Union law implemented in the domestic legal order is constitutionally immunised from challenge where "necessitated", pursuant to Article 29.4.10, that in turn affects the operation of European Union law in the Irish legal order, in light of the evolving constitutional framework at national and European level. The operation of European Union law in the domestic legal order is affected significantly by both clauses and so an understanding of their operation demonstrates how the use and significance of European Union law in the Irish legal order is a complex interplay of many evolving variables.