asked the Taoiseach whether it is a fact that the EEC Court of Justice has ruled that the signing of the Rome Treaty involved a transfer of sovereign powers in specific sectors from National Governments to the Community and that therefore member States could not enact legislation that was incompatible in any respect with their previous obligations under the Rome Treaty; whether consideration has been given to the question as to whether an amendment of the Irish Constitution would be required before the Government signed the Rome Treaty in any form of membership or association; and, if so, with what result.
Ceisteanna—Questions. Oral Answers. - Rome Treaty Obligations.
I assume that the Deputy is referring to the judgement of the Court of Justice of the European Communities on the 15th July, 1964, in the case of Costa versus ENEL, the Italian electricity authority. The Official Report of the judgment of the Court is not yet available but such information as has been published does not suggest that the Court's decision raises any new constitutional issues.
In view of the postponement of action on our application for membership of the European Community, consideration of what amendments, if any, would need to be made to the Constitution in that connection has been deferred.