Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024

Last updated

Forty-first Amendment of the Constitution of Ireland
Flag of Ireland.svg
Agreement on a Unified Patent Court

The Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 (bill no. 7 of 2024) is a proposed amendment to the Constitution of Ireland to allow the state to ratify the Agreement on a Unified Patent Court.

Contents

The Agreement on the Unified Patent Court was signed in 2013 by Ireland and 25 EU member states. The Unified Patent Court started operations in 2023 for 17 EU members. The court settles disputes regarding European patents, including European patents with unitary effect. Entry into force of the agreement for Ireland would also mean that Ireland would be covered by the European patent with unitary effect: a single patent covering 17 EU countries.

Ireland plans to establish a local division of the court of first instance in Dublin.

For Ireland to ratify the ageement, an amendment to the Constitution of Ireland will be required, which must be approved in a bill by both houses of the Oireachtas and in a referendum. [1] [2] The government had stated an intention to hold the referendum on 7 June 2024, the same day as the European Parliament election and local elections. [3] [4] [5] [6] However, in April 2024, it was reported that the government was considering not holding the referendum on that date, considering the defeat of referendums on family and care in March 2024. [7] The postponement was confirmed shortly after by Peter Burke, the Minister for Enterprise, Trade and Employment. [8]

Wording

The bill was presented by the Minister for Enterprise, Trade and Employment on 15 February 2024, [9] and was passed by the Dáil on 6 March. [10] It proposes to add the following subsection to Article 29.4: [11]

11° The State may ratify the Agreement on a Unified Patent Court done at Brussels on the 19th day of February 2013. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of the State under that Agreement or prevents laws enacted, acts done or measures adopted by bodies competent under that Agreement from having the force of law in the State.

Campaign

The Electoral Commission would provide information explaining the proposed amendment and promoting voter participation. [12]

The proposal has support from the Irish Business and Employers Confederation. [13]

See also

Related Research Articles

The Third Amendment of the Constitution Act 1972 is an amendment to the Constitution of Ireland that permitted the State to join the European Communities, which would later become the European Union, and provided that European Community law would take precedence over the constitution. It was approved by referendum on 10 May 1972, and signed into law by the President of Ireland Éamon de Valera on 8 June of the same year.

The Fourth Amendment of the Constitution Act 1972 is an amendment to the Constitution of Ireland which lowered the voting age for all national elections and referendums in the state from twenty-one to eighteen years of age. It was approved by referendum on 7 December 1972 and signed into law on 5 January 1973.

The Seventh Amendment of the Constitution Act 1979 is an amendment to the Constitution of Ireland that provides that the procedure for the election of six members of the Senate in the university constituencies could be altered by law. It was approved by referendum on 5 July 1979 and signed into law on 3 August of the same year.

The Ninth Amendment of the Constitution Act 1984 is an amendment to the Constitution of Ireland that allowed for the extension of the right to vote in elections to Dáil Éireann to non-Irish citizens. It was approved by referendum on 14 June 1984, the same day as the European Parliament election, and signed into law on 2 August of the same year.

The Tenth Amendment of the Constitution Act 1987 is an amendment to the Constitution of Ireland that permitted the state to ratify the Single European Act. It was approved by referendum on 26 May 1987 and signed into law on 22 June of the same year.

The Eighteenth Amendment of the Constitution Act 1998 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Amsterdam. It was approved by referendum on 22 May 1998 and signed into law on the 3 June of the same year. The referendum was held on the same day as the referendum on Nineteenth Amendment, which related to approval of the Good Friday Agreement.

The Twenty-first Amendment of the Constitution Act 2001 is an amendment of the Constitution of Ireland which introduced a constitutional ban on the death penalty and removed all references to capital punishment from the text. It was approved by referendum on 7 June 2001 and signed into law on 27 March 2002. The referendum was held on the same day as referendums on the ratification of the Rome Statute of the International Criminal Court, which was also approved, and on the ratification of the Nice Treaty, which was rejected.

The Twenty-third Amendment of the Constitution Act 2001 of the Constitution of Ireland is an amendment that permitted the state to become a party to the International Criminal Court (ICC). It was approved by referendum on 7 June 2001 and signed into law on the 27 March 2002. The referendum was held on the same day as referendums on the prohibition of the death penalty, which was also approved, and on the ratification of the Nice Treaty, which was rejected.

The Twenty-sixth Amendment of the Constitution Act 2002 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Nice. It was approved by referendum on 19 October 2002 and signed into law on 7 November of the same year. The amendment followed a previous failed attempt to approve the Nice Treaty which was rejected in the first Nice referendum held in 2001.

Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must be initiated as a bill in Dáil Éireann, be passed by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the president of Ireland. Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution.

An ordinary referendum in Ireland is a referendum on a bill other than a bill to amend the Constitution. The Constitution prescribes the process in Articles 27 and 47. Whereas a constitutional referendum is mandatory for a constitutional amendment bill, an ordinary referendum occurs only if the bill "contains a proposal of such national importance that the will of the people thereon ought to be ascertained". This is decided at the discretion of the President, after a petition by Oireachtas members including a majority of Senators. No such petition has ever been presented, and thus no ordinary referendum has ever been held.

In Ireland, direct elections by universal suffrage are used for the President, the ceremonial head of state; for Dáil Éireann, the house of representatives of the Oireachtas or parliament; for the European Parliament; and for local government. All elections use proportional representation by means of the single transferable vote (PR-STV) in constituencies returning three or more members, except that the presidential election and by-elections use the single-winner analogue of STV, elsewhere called instant-runoff voting or the alternative vote. Members of Seanad Éireann, the second house of the Oireachtas, are partly nominated, partly indirectly elected, and partly elected by graduates of particular universities.

<span class="mw-page-title-main">Referendums related to the European Union</span> List of referendums related to the European Union and its predecessor, the European Communities

This is a list of referendums related to the European Union, or referendums related to the European Communities, which were predecessors of the European Union. Since 1972, a total of 48 referendums have been held by EU member states, candidate states, and their territories, with several additional referendums held in countries outside the EU. The referendums have been held most commonly on the subject of whether to become a member of European Union as part of the accession process, although the EU does not require any candidate country to hold a referendum to approve membership or as part of treaty ratification. Other EU-related referendums have been held on the adoption of the euro and on participation in other EU-related policies.

The Twenty-fourth Amendment of the Constitution Bill 2001 was a proposed amendment to the Constitution of Ireland to allow the state to ratify the Treaty of Nice of the European Union. The proposal was rejected in a referendum held in June 2001, sometimes referred to as the first Nice referendum. The referendum was held on the same day as referendums on the prohibition of the death penalty and on the ratification of the Rome Statute of the International Criminal Court, both of which were approved.

The Constituency Commission is an independent commission in Ireland which had advised on redrawing of constituency boundaries of Dáil constituencies for the election of members to Dáil Éireann and European Parliament constituencies prior to the establishment of the Electoral Commission in 2023. Each commission was established by the Minister for Housing, Planning and Local Government after the census. The Commission then submitted a non-binding report to the Oireachtas, and was dissolved. A separate but similar Local Electoral Area Boundary Committee fulfilled the same function for local electoral area boundaries of local government areas.

<span class="mw-page-title-main">Twenty-eighth Amendment of the Constitution of Ireland</span> To permit the state to ratify the Treaty of Lisbon

The Twenty-eighth Amendment of the Constitution Act 2009 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Lisbon of the European Union. It was approved by referendum on 2 October 2009.

<span class="mw-page-title-main">Unified Patent Court</span> Patent court in the European Union

The Unified Patent Court (UPC) is a common patent court of 17 countries of the European Union, which opened on 1 June 2023.

<span class="mw-page-title-main">Dáil Éireann</span> House of representatives of the Oireachtas (Irish parliament)

Dáil Éireann is the lower house, and principal chamber, of the Oireachtas, which also includes the president of Ireland and a senate called Seanad Éireann. It consists of 160 members, each known as a Teachta Dála. TDs represent 39 constituencies and are directly elected for terms not exceeding five years, on the system of proportional representation by means of the single transferable vote (PR-STV). Its powers are similar to those of lower houses under many other bicameral parliamentary systems and it is by far the dominant branch of the Oireachtas. Subject to the limits imposed by the Constitution of Ireland, it has power to pass any law it wishes, and to nominate and remove the Taoiseach. Since 1922, it has met in Leinster House in Dublin.

The Thirty-eighth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which altered the provisions regulating divorce. It removed the constitutional requirement for a defined period of separation before a Court may grant a dissolution of marriage, and eased restrictions on the recognition of foreign divorces. The amendment was effected by an act of the Oireachtas, the Thirty-eighth Amendment of the Constitution Act 2019.

Various proposals have been considered since the 1980s to extend the franchise in Irish presidential elections to citizens resident outside the state. In 2019, the then government introduced a bill to amend the constitution to facilitate this extension. The bill lapsed in January 2020 when the 32nd Dáil was dissolved for the 2020 general election, but was restored to the order paper in July 2020.

References

  1. "UPC 'single most important reform' in EU patent system". Law Society of Ireland . Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  2. "Irish referendum on Unified Patent Court Agreement most likely in 2024". Kluwer Patent Blog. 16 March 2023. Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  3. "Referendum on Unified Patent Court announced by Government". Department of Enterprise, Trade and Employment . 23 January 2023. Retrieved 25 January 2023.
  4. Walsh, A. J. (28 November 2023). "Wexford Senator calls for a referendum to protect patents and intellectual property". Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  5. Brennan, Michael (21 May 2023). "Referendum on patents to be held with European elections next year". Sunday Business Post . Archived from the original on 5 December 2023. Retrieved 5 December 2023.
  6. Horgan-Jones, Jack (23 January 2024). "Referendum on Ireland's participation on Unified Patent Court due on same day as June elections". The Irish Times . Archived from the original on 24 January 2024. Retrieved 25 January 2024.
  7. McQuinn, Cormac (11 April 2024). "Doubt over whether June referendum will go ahead amid fallout from family and care votes". The Irish Times . Retrieved 12 April 2024.
  8. "Govt agrees to delay date of Patent referendum". RTÉ News . 16 April 2024. Retrieved 18 April 2024.
  9. "Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024". Houses of the Oireachtas. 15 February 2024.
  10. "Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024: Committee and Remaining Stages – Dáil Éireann (33rd Dáil) – Vol. 1051 No. 1". Oireachtas. 6 March 2024. Retrieved 9 March 2024.
  11. "Forty-first Amendment of the Constitution (Agreement on a Unified Patent Court) Bill 2024 (as initiated)" (PDF). Houses of the Oireachtas. 15 February 2024.
  12. Dawson, Brian (8 March 2023). "Electoral Commission to Inform Public Debate and Participation in Gender Equality Referendum". Electoral Commission (Press release). Archived from the original on 14 April 2023. Retrieved 14 April 2023.
  13. "Hold referendum on the Unified Patent Court in November 2023 Ibec and APTMA". Ibec . Archived from the original on 5 December 2023. Retrieved 5 December 2023.