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Irish Supreme Court case
The question therefore is whether the State in attempting to ratify this Treaty is endeavouring to act free from the restraints of the Constitution.
— Walsh J
Crotty v An Taoiseach[1] was a landmark 1987 decision of the Irish Supreme Court which found that Ireland could not ratify the Single European Act unless the Irish Constitution was first changed to permit its ratification. The case, taken by Raymond Crotty formally against the Taoiseach (then Garret FitzGerald), directly led to the Tenth Amendment of the Constitution of Ireland (which authorised the ratification of the Single Act) and established that significant changes to European Union treaties required an amendment to the Irish constitution before they could be ratified by Ireland. As a consequence, Ireland, uniquely in the EU, requires a plebiscite for every new, or substantive change to a, European Union Treaty.
The substantive issues in the case revolved around the interpretation of Part III of the Single European Act which codified cooperation on foreign policy matters between the governments of the then twelve member states of the European Economic Community – referred to as European Political Cooperation – into an international agreement. The majority of the Court ruled that if the state ratified Part III, it would amount to an unconstitutional delegation of the state's external sovereignty. The dissenting judges argued that the provisions only constituted a requirement to listen and consult.
to act free from the restraints of the Constitution. — Walsh J CrottyvAnTaoiseach was a landmark 1987 decision of the Irish Supreme Court which found...
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indirect, sub-constitutional, interpretative incorporation. In Crottyv. AnTaoiseach, the Irish Supreme Court asserted a power to review the constitutionality...
part in the Supreme Court. In a majority judgment delivered in Crottyv. AnTaoiseach, the Court held that Title III of the SEA would bind the State to...
constitutional lawyers have pointed to the precedent set by the 1987 case Crottyv. AnTaoiseach as suggesting it would be necessary, and that any attempt to join...
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attempts to ratify the Single European Act in the mid-1980s (see Crottyv. AnTaoiseach). He stood for election in the 1989 European Parliament election...
to leave the EU after 'Brexit'". Newstalk. 24 June 2016. Raymond CrottyvAnTaoiseach and Others [1987] IESC 4 (9 April 1987) "FF 'out to nail Cóir lie'...
1987 – Crottyv. AnTaoiseach (ratification of European Union treaties) 1988 – Attorney General (Society for the Protection of the Unborn Child) v. Open...
Ireland where, following the decision of the Irish supreme court in Crottyv. AnTaoiseach, any amendments that result in a transfer of sovereignty to the...
Third Amendment in 1972). Following the Supreme Court decision of Crottyv. AnTaoiseach (1987), a constitutional amendment was required before the state...
were necessitated by membership of the European Communities. In Crottyv. AnTaoiseach, the Irish Supreme Court held that the ratification of the Single...
European Act (SEA). However, Raymond Crotty sought an injunction against ratification by the state. In Crottyv. AnTaoiseach (1987), the Supreme Court held...
homosexuality CrottyvAnTaoiseach [1987] IESC 4 Ratification of the Single European Act and external state sovereignty Attorney General v X [1992] IESC...
the Supreme Court in Crottyv. AnTaoiseach (1987) that major changes to the treaties are unconstitutional unless accompanied by an amendment. The Eleventh...
support for continued membership would in fact continue to grow. In Crottyv. AnTaoiseach (1987), the Supreme Court of Ireland held that further transfer...
Affairs. 25 September 2009. Retrieved 29 September 2009. Raymond CrottyvAnTaoiseach and Others [1987] IESC 4 (9 April 1987) "Ireland to hold referendum...
Union membership referendum Costa v ENEL Crottyv. AnTaoiseach Direct effect of European Union law R (Factortame Ltd) v Secretary of State for Transport...
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