The Sole And Exclusive Power Of Making Laws For The State Is Hereby Vested In The Oireachtas: Constitutional Law Assignment, UCC, Ireland

Question 1 Article 15.2 of the Irish constitution states:

1. The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has the power to make laws for the State.

2. Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures. The Oireachtas is, therefore, permitted to delegate legislative functions to subordinate bodies. However, the powers of any subordinate body or delegate to make delegated legislation are strictly limited by Article 15.2 as interpreted by the courts.

Question 2 In 2020, the European Commission proposed a new Directive on adequate minimum wages in the European Union (Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on adequate minimum wages in the European Union COM/2020/682 final) Please answer the following questions:

1. What is the legal basis for the proposal?

2. What is meant by ‘subsidiarity’ when it comes to EU legislative proposals? Do you think this proposal satisfies the subsidiary requirements?

3. What is meant by ‘proportionality’ when it comes to EU legislative proposals? Do you think this proposal satisfies the proportionality requirements?

4. Summarise the legislative process the proposal will go through if it is successfully passed into law.

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