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EU Policy & its Impact on Ireland

Dr Alessandra Accogli

Teaching Assistant

DCU School of Law and Government

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Agenda

Why the EU matters nationally
How EU Policy works

Key EU actors
Key EU legal acts

Case study: environmental and climate policy and peatlands
How can local people engage with EU policy

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Basic Definitions

EU Legislation: Laws enacted by the institutions of the European Union that have an impact on the member states and their citizens.

Treaties: They are the foundation of EU law – called primary law. Two main treaties: Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

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Why the EU matters nationally

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Where do you think most of Ireland’s rules come from?

In 1988, Jacques Delors, then President of the EU Commission, predicted that within a decade 80% of national policymaking would originate from the EU
However, any figure is debatable

Source: Deirdre Halloran, ‘Understanding EU law’ (Houses of the Oireachtas)

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Distribution of competences between EU and Member States

3 Categories of Competences:

Exclusive Union competence: in the areas indicated in the treaty, only the EU may legislate and adopt legally binding acts
Shared competence: in these areas, both the EU and member states can legislate. However, member states may only exercise their own power if the EU has chosen not to exercise its competence
Supporting competence: In these areas, the EU's role is strictly to back up, coordinate, or supplement the policies of the member states.

Source: Marcus Klamert, The Principle of Loyalty in EU Law (OUP 2014)

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Source: Deirdre Halloran, ‘Understanding EU law’ (Houses of the Oireachtas) �

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Source: Deirdre Halloran, ‘Understanding EU law’ (Houses of the Oireachtas) �

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Source: Deirdre Halloran, ‘Understanding EU law’ (Houses of the Oireachtas) �

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Where do you think most of Ireland’s rules come from?

In some areas, the EU tends to heavily influence certain policies while other areas are left for Member States to decide on
There are policy areas with high shares of ‘Europeanised’ laws, e.g. agriculture, environment
There are also policy areas with lower shares of laws coming from the EU, e.g. employment, health

Source: Sophia Khatsenkova, ‘Fact-check: Does the EU decide 80% of our laws?’ (Euronews, 22 March 2024)

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How EU Policy works

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EU key institutions

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European Commission

Role: Art 17 TEU – The Commission shall

promote the general interest of the Union and take appropriate initiatives
ensure the application of the Treaties and oversee the application of Union law
execute the budget
ensure the Union's external representation

Union legislative acts may only be adopted on the basis of a Commission proposal
Members: 27 commissioners – one per MS - whose independence is beyond doubt
Location: Brussels

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European Parliament

Role: Art 14 TEU – The Parliament shall

exercise legislative and budgetary functions (jointly with the Council of the EU)
exercise functions of political control and consultation
elect the President of the Commission

Members: composed of representatives of EU citizens, who shall not exceed 750, plus the President. Representation is degressively proportional, with a minimum of 6 members per Member State (Ireland: 14 MEPs)

Elected for a 5-year term

Location: It splits its operations between three cities: Strasbourg, France (official seat, plenary sessions); Brussels, Belgium (committee meetings, political groups); and Luxembourg (secretariat)

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European Council

Role: It shall define the general political directions and priorities of the Union. It shall not exercise legislative functions (Art 15 TEU). Does not adopt EU Laws, except EU Treaty amendments
Members: It consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission
Meetings and location: EU leaders (heads of states / governments) meet 4 times a year in Brussels

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Council of the EU

Role: represents governments at ministerial level, exercises legislative and budgetary functions (jointly with EP) and coordinates EU policies (Art 16 TEU)
Members: a representative of each Member State at ministerial level (government ministers)
President: Each EU country holds the presidency on a 6-month rotating basis
Established in: 1958 (as Council of the European Economic Community)
Meetings and location: Council meetings take place in Brussels, except for three months (April, June and October) when they are held in Luxembourg

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Ireland’s presidency of the Council of the EU

Source: https://www.irishtimes.com/ireland/2026/02/26/irelands-eu-presidency-how-it-works-and-what-to-expect/

The chair is meant to focus on the broader EU agenda, rather than their own narrow national interest.

Ireland will be expected to get all 27 governments to agree on the size and shape of the EU’s next seven-year budget by Christmas.

Ireland will be expected to drive forward EU efforts to increase the amount countries spend on defence and their militaries. Developments in the Ukraine war and volatile relations between Europe and the Trump administration will no doubt feature heavily. Ireland believes it can act as something of a bridge between Brussels and Washington, according to a confidential early draft of its priorities for the EU role. A peace deal in Ukraine would have massive ramifications for the future security of Europe, for better or worse depending on the terms of any settlement.

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EU legislative process

An EU legislative act normally starts as a “proposal” from the Commission

The text of the Commission’s proposal forms the starting point of all subsequent negotiations between the European Parliament and the Council

Any suggestion for a change to the Commission proposal must be presented in the form of a textual amendment

Art 289(1) TFEU: The OLP shall consist in the joint adoption by the European Parliament and the Council of a regulation, directive or decision on a proposal from the Commission

European Parliament is a co-legislator with the Council

This procedure is the most widely used method of EU decision-making: covers most EU's areas of competence

Special Legislative Procedures: An exception from the ‘ordinary’ legislative procedure

Council in practice the sole legislator

More sensitive policy areas, importance of national sovereignty E.g. foreign policy, immigration and justice

In this procedure, the Parliament is asked for its (non-binding) opinion or consent on proposed legislation before the CM adopts it

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Key legal acts

Source: Deirdre Halloran, ‘Understanding EU law’ (Houses of the Oireachtas)

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EU secondary legislation

Regulations: Binding legislative acts that apply directly in all Member States without needing to be transposed into national law (e.g. Nature Restoration Law)

Directives: Legislative acts that set out objectives that Member States must achieve. However, Member States have some flexibility in how they implement these objectives into their national law (transposition) (e.g. Habitats Directive)

Decision: A decision which specifies those to whom it is addressed shall be binding only on them

Recommendations and Opinions: Non-binding acts issued by EU institutions. They only express a view on a particular issue. Do not create legal obligations

Binding

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How EU policy impacts Ireland

EU law - provided for by EU Directive - is transposed into Irish law
Implemented by:

Agencies (e.g. NPWS responsible for managing nature conservation)
Local authorities, e.g. through planning decisions

Experienced at local level through:

Planning approvals: Environmental checks on local housing and infrastructure
Local restrictions: Rules protecting drinking water, bogs, and wildlife habitats
Community funding: Direct access to EU grants for rural and town development

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Case study: environmental and climate policy and peatlands

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EU level

Environmental policy

E.g. Habitats Directive (1992): asks Member States to designate ‘special areas of conservation’ (SACs) to maintain or restore them to a ‘favorable conservation status’
Active and degraded raised bogs as well as blanket bogs are among the habitat types listed in Annex I of the Habitats Directive which means that they must be designated as SACs
Once sites are designated, Member States have then obligations to conserve sites