Crotty v. An Taoiseach [1987] IESC 4; [1987] IR 713 (9th April, 1987)

Crotty v. An Taoiseach [1987] IESC 4; [1987] IR 713 (9th April, 1987)

The Supreme Court held that the European Communities (Amendment) Act, 1986, insofar as it implements amendments to the Treaties within the original scope and objectives of the European Communities, is not invalid having regard to the Constitution. However, the ratification of Title III of the Single European Act, which commits the State to a binding process of European Political Cooperation in foreign policy, would constitute a surrender of sovereignty and executive power not authorised by the Constitution and would require a constitutional amendment and referendum.

Citation
[1987] IESC 4
Parties
Plaintiff: Raymond Crotty; Defendants: An Taoiseach and Others
Jurisdiction
Ireland
Procedural Posture
Constitutional Challenge / Declaratory Relief / Supreme Court Appeal From High Court
Outcome
The appeal against the validity of the European Communities (Amendment) Act, 1986 was dismissed; the appeal against the Government's power to ratify Title III of the Single European Act without a constitutional amendment was allowed.
Legal Topics
Sovereignty, Treaty Ratification, Separation of Powers, Foreign Policy, Constitutional Amendment, Judicial Review
Constitutional Law European Union Law Administrative Law Sovereignty Treaty Ratification Separation of Powers Foreign Policy Constitutional Amendment +1 more

Case Brief

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Parties

Raymond Crotty

Plaintiff

An Taoiseach and Others

Defendants

Procedural Posture

Constitutional Challenge / Declaratory Relief / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the European Communities (Amendment) Act, 1986 is invalid having regard to the Constitution
  2. 2 Whether ratification of the Single European Act (SEA), particularly Title III, requires a constitutional amendment
  3. 3 Whether the Government can ratify Title III of the SEA without a referendum or further constitutional amendment

Ratio Decidendi

The Supreme Court held that the European Communities (Amendment) Act, 1986, insofar as it implements amendments to the Treaties within the original scope and objectives of the European Communities, is not invalid having regard to the Constitution. However, the ratification of Title III of the Single European Act, which commits the State to a binding process of European Political Cooperation in foreign policy, would constitute a surrender of sovereignty and executive power not authorised by the Constitution and would require a constitutional amendment and referendum.

Court Disposition

The appeal against the validity of the European Communities (Amendment) Act, 1986 was dismissed; the appeal against the Government's power to ratify Title III of the Single European Act without a constitutional amendment was allowed.

Orders

  • Declaration that the European Communities (Amendment) Act, 1986 is not invalid having regard to the Constitution.
  • Declaration that ratification of Title III of the Single European Act requires a constitutional amendment and referendum.