Possible new Irish Legislation relating to EU and Competition Law

The Irish Government has published its Autumn Legislative Programme.

What is in the Programme which would be relevant to those impacted by European Union and Competition Law?

Legislative Stage Bill Effect of the Bill (if enacted)
Legislation for priority publication during the Autumn 2023 session Digital Services Bill
  • Gives effect in Ireland to Regulation 2022/2065 on a Single Market for Digital Services.
  • Expected to designate Coimisiún na Meán (i.e. the Media Commission) as the competent authority (i.e. the Digital Services Coordinator) for Ireland.
  • Expected to designate the Competition and Consumer Protection Commission (CCPC) as a competent authority for some elements of the DSA related to online marketplaces.
Electoral (Amendment) (Dáil and European Parliament Constituencies) Bill
  • Will revise the European Parliamentary constituencies in Ireland.
Legislation for priority drafting during the Autumn 2023 session Motor Insurance Insolvency Compensation Bill
  • To transpose Article 10a and 25a of the 6th revised EU Motor Insurance Directive (2118/2018).
Protection of Employees (Employers’ Insolvency) (Amendment) Bill
  • To transpose fully Article 2(1) of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer.
Aarhus Bill
  • To consolidate certain existing statutory measures implementing the access to justice provisions of the Aarhus Convention and related EU Directives.
  • To give greater clarity and to address issues raised by national and CJEU caselaw and decisions of the Aarhus Convention Compliance Committee.
EU Data Governance Bill
  • To assign functions and powers to the CCPC for provisions in the EU Data Governance Act.
Restrictive Measures Bill
  • To create a mechanism by which persons would be obliged to adhere to the asset freezing requirements of certain United Nations Security Council Resolutions in the time before their incorporation in an EU legislative act, i.e. a ‘bridging measure’, to meet Ireland’s international obligations and prevent sanctions evasion.
Criminal Justice (Passenger Name Record) Bill
  • To comply with an EU Council commitment to extend the EU Passenger Name Record Directive to internal EU flights.
Criminal Justice (Terrorist Offences) Bill
  • To give effect to EU Directive 2017/541 on combating terrorism which is directed at the foreign terrorist fighter phenomenon and includes offences of travelling to commit a terrorist offence, facilitating travel to commit a terrorist offence, and receiving training for terrorism.
Property Services Regulation (Amendment) Bill
  • To revise the Property Services Regulation Act 2011 in the light of the Services Directive 2006/123/EC and Recognition of Professional Qualifications Directive 2005/36/EC and related ECJ jurisprudence following an EU-PILOT query.

While there is no specific competition law measure, most of the major changes brought about by the Competition (Amendment) Act 2022 has only just entered into force on 27 September 2023 so there could well be a break before there is further major competition law statutory reform but there is certainly plenty of EU-related legislation to be enacted by Ireland in the short term.

For more information on this post, please contact Dr Vincent Power, Partner or any member of A&L Goodbody's EU, Competition & Procurement team.

Date published: 9 October 2023