A Constitutional Aspect of Economic Integration: Ireland and the European Common Market

Abstract

IRELAND, which applied for full membership of the European Common Market on July 31, 1961, is the first common law country with a written constitution to apply for membership. Her application raises certain problems of constitutional law which have implications for any country contemplating entry into any arrangement for economic co-operation which involves an international institution. In Ireland, although the Constitution contemplates participation in international institutions as a means of conducting foreign affairs, it may not authorise the surrender of any of the legislative, executive or judicial powers of government to them. Since the provisions of the Irish Constitution are by no means unusual,' and since conflict of laws problems in public law have not arisen often, and since regional arrangements for economic co-operation are being talked of all over the world, an analysis of the Irish problem may be of interest. This article is concerned with a constitutional aspect of Ireland's membership of the Common Market and does not deal with the large body of legislation which will be required to give practical effect to the Treaty of Rome by amending existing rules of Irish law. The problem considered is whether the Irish Constitution, which reserves legislative power to the Irish Parliament and permits delegation only to certain legislative bodies is compatible with the rule-making functions of the European Commission and Council under the Treaty of Rome. Article 6 of the 1937 Constitution of Ireland lays down that