The Gazette 1985
GAZETTE
J ANUARY / F EBRUARY 1985
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CITYof PUBUN^yBANK 2 Lower Merrion Street, Dublin 2. Phone 760141 763225.
court would be required to declare the Irish provision "inapplicable" and to apply the Community provision as the legal basis on which the case must be decided. Amendment of 1937 Constitution It is in this context, taking account of the penetration and supremacy of Community law, that the full scope of the constitutional amendment, contained in the Third Amendment of the Constitution Act 1972, must be assessed. The first part of that amendment was enabling: empowering Ireland to become a member of the three Communities. The second part referred to the legal implications as follows: "No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts
done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State." This amendment to the Constitution having been approved in a referendum in May 1972/ certain further legal steps required to be taken. The Dail passed a motion ratifying the Treaties, in accordance with Article 29 of the Constitution, and a few months later, in December 1972, the European Communities Act 1972 gave effect in the domestic law to this constitutional amendment. Section 2 of that Act provides: "From the first day of January 1973, the Treaties governing the European Communities and the existing and future Acts adopted by the institutions of those Communities shall be binding on the State and shall be part of the domestic law thereof under
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