Reflections on the legal role of the Irish Parliament (Oireachtas) in EU affairs after Lisbon

Abstract

The process of the first failed referendum in 2008 on the Treaty and the extensive political campaign to ratify the Treaty of Lisbon a second time around brought with it a tremendous period of reflection not merely for the Irish State, but also Irish institutional actors, scholars and civil society alike incomparable to any time in previous history. Many recommendations were made in this period by this broad church of entities to reform Irish “Euro-affairs,” re-evaluating several fundamental and broad ranging themes such as the Government referendum spending rules, referendum broadcasting rules and critically, the role of the Oireachtas (Irish Parliament) in European Union affairs. The new powers bestowed upon National Parliaments by the Treaty of Lisbon are then considered, as are the activities and report of the Sub-Committee of the Houses of the Oireachtas on Ireland’s Future in the European Union. The initial proposals of the Oireachtas to accommodate the Treaty of Lisbon changes are then assessed, followed by an analysis of the provisions of the European Union Act 2009 and the changes to the role of the Oireachtas after the Treaty of Lisbon. Then the Joint Report on the Implementation of the Lisbon Treaty: Provisions on the Enhanced Role for National Parliaments is outlined, as are the changes to the legislative scrutiny regime effectuated by the European Union Act 2009.