The evolving role of national parliaments in the European Union by Gavin Barrett

Author:Gavin Barrett [Barrett, Gavin]
Language: eng
Format: epub
Tags: Nonfiction, History, European General, Social & Cultural Studies, Political Science, International, Reference & Language, Law
ISBN: 9781526122575
Publisher: Manchester University Press
Published: 2018-03-05T05:00:00+00:00

Thus prior approval of each House has to be granted before the Irish Minister in the Council can give his or her consent to any such decision. In practice, each House passes a resolution expressing the House’s approval to any such measure in question, in most cases, without any debate.

Decisions concerning a European Public Prosecutor’s Office

Article 86.1 TEU empowers the Council to establish, by a regulation, a European Public Prosecutor’s Office to combat crimes affecting the EU’s financial interests.144 Article 86.4 builds on this by empowering the European Council to amend parts of Art. 86 itself145 extending the powers of the Prosecutor’s Office to include serious crime having a cross-border dimension.146

Both steps were subjected to a requirement of prior approval of both Houses by Art. 29.4.8° of the Constitution (inserted by the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009). This provides that

the State may agree to the decisions, regulations or other acts—

iii under… paragraphs 1 and 4 of Article 86 of the Treaty on the Functioning of the

European Union, relating to the area of freedom, security and justice,

but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

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