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 :: Mailing Lists

[ILUG] Irish Constitutional Challenge to Software Patents

[ILUG] Irish Constitutional Challenge to Software Patents

Feargal Reilly feargal at helgrim.com
Tue May 18 15:20:43 IST 2004


On Tue, 18 May 2004 14:58:09 +0100
"Enda" <enda at unison.ie> wrote:

> > "Nothing in the Constitution of Ireland or any of our national laws can
> > override or take precedence over an EU law."
> 
> Doesn't that comment fly directly in the face of the notion that EU Laws
> must be ratified locally before they can be enforced?

I think you're getting confused with directives. An EU directive says: "This is what we want your laws to achieve. Now go and legistlate to achieve it."

The local legislation needs to be ratified locally, and often member states fall behind the deadline set by the directive.

The directives themselves are ratified at the EU level.

-fr.

--
Feargal Reilly,
http://www.helgrim.com/
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