Meagher v. Minister for Agriculture [1993] IESC 2 (18th November, 1993)

Meagher v. Minister for Agriculture [1993] IESC 2 (18th November, 1993)

Section 3(2) of the European Communities Act 1972 is not unconstitutional because the power to make regulations is necessitated by the obligations of EU membership and is protected by Article 29.4.5° of the Constitution. The regulations in question are not ultra vires as they implement the principles and policies of the relevant EU directives, and the measures taken (search warrants and extended prosecution periods) are necessary and appropriate for effective implementation.

Citation
[1993] IESC 2
Parties
Plaintiff: John Meagher; Defendants: Minister for Agriculture and Food, Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court
Outcome
Appeal allowed; reliefs sought by respondent refused.
Legal Topics
Delegated Legislation, Ultra Vires, Implementation of EU Directives, Separation of Powers, Constitutional Validity, Judicial Review
Constitutional Law Administrative Law European Union Law Delegated Legislation Ultra Vires Implementation of EU Directives Separation of Powers Constitutional Validity +1 more

Case Brief

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Parties

John Meagher

Plaintiff

Minister for Agriculture and Food, Ireland and the Attorney General

Defendants

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether s. 3(2) of the European Communities Act 1972 is unconstitutional for permitting a minister to amend or repeal statute law by regulation
  2. 2 Whether the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations 1988 and the European Communities (Control of Veterinary Medicinal Products and their Residues) Regulations 1990 are ultra vires the Minister for Agriculture and Food under s. 3 of the 1972 Act

Ratio Decidendi

Section 3(2) of the European Communities Act 1972 is not unconstitutional because the power to make regulations is necessitated by the obligations of EU membership and is protected by Article 29.4.5° of the Constitution. The regulations in question are not ultra vires as they implement the principles and policies of the relevant EU directives, and the measures taken (search warrants and extended prosecution periods) are necessary and appropriate for effective implementation.

Court Disposition

Appeal allowed; reliefs sought by respondent refused.

Orders

  • Declaration of unconstitutionality of s. 3(2) of the 1972 Act set aside.
  • Application for judicial review refused in all respects.