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Statutory Instruments relating to
European Communities
S.I. No. 332 of 1972
LAND ACT 1965 (Additional Categories of Qualified
Personi) REGULATIONS 1972
Note
The effect of this order is to exclude from the pro-
visions of Section 45 of the Land Act 1965 all those
who benefit as a result of the European Community
Directives mentioned in the Schedule.
EUROPEAN COMMUNITIES (Enforcement of
Community Judgments) REGULATIONS 1972
S.I. No. 331 of 1972
I, Desmond O'Malley, Minister for Justice, in exercise
of the powers conferred on me by section 3 of the
European Communities Act, 1972 (No. 27 of 1972),
hereby make the following regulations :
Citation
1. These Regulations may be cited as the European
Communities (Enforcement of Community Judgments)
Regulations, 1972.
Commencement
2. These Regulations shall come into operation on
the 1st day of January, 1973.
Interpretation
3. In these Regulations—
"Community judgment" means any decision, judgment
or order which is enforceable under or in accordance
with Article 187 or 192 of the EEC Treaty, Article 18,
159 or 164 of the Euratom Treaty or Article 44 or 92
of the ECSC Treaty;
"enforcement order" has the meaning specified in
Regulation 4(1) of these Regulations.
Making of enforcement orders by Master of the High
Court
4(1) The Master of the High Court shall, upon
application duly made by the person entitled to enforce
a Community judgment, make an order (in these
Regulations referred to as an enforcement order) for
the enforcement of the Community judgment and shall
append the order to it.
(2) Where a sum of money is payable under a Com-
munity judgment which is to be enforced, the enforce-
ment order shall provide that the amount payable shall
be such sum in the currency of the State as, on the basis
of the rate of exchange prevailing at the date on which
the Community judgment was originally given, is equi-
valent to the sum payable.
(3) Where it appears that a Community judgment
under which a sum of money is payable has been
partly satisfied at the date of the application for its
enforcement, the enforcement order shall be made only
in respect of the balance remaining payable at that
date.
(4) Where, after the date on which an enforcement
order has been appended to a Community judgment
under which a sum of money is payable, it is shown
that at that date the judgment had been partly or
wholly satisfied, the Master shall vary or cancel his
order accordingly with effect from that date.
Effect of enforcement order
5. A Community judgment to which an enforcement
order has been appended shall, for all purposes of
execution, be of the same force and effect, and pro-
ceedings may be taken on the judgment, and any sum
payable under the judgment shall carry interest, as if the
judgment had been a judgment or order given or made
by the High Court on the date on which the enforce-
ment order is appended thereto.
Suspension of enforcement of Community judgments
6. An order of the Court of Justice of the European
Communities suspending enforcement of a Community
judgment shall operate to suspend enforcement of that
judgment for the period and on the conditions, if any,
stated in the order.
Restriction of section 9 of the Enforcement of Court
Orders Act, 1940
7. The powers of the Minister for Justice under
section 9 of the Enforcement of Court Orders Act,
1940 (No. 23 of 1940), shall not be exercisable in
respect of the enforcement of a Community judgment.
(T his Section allows the Minister for Justice to release
persons from prison for non-payment of money.)
Restriction of section 23 of the Criminal Justice Act,
1951
8. Section 23 of the Criminal Justice Act, 1951 (No.
2 of 1951), shall not apply to a Community judgment.
(T his section relates to the commutation and remission
by the Government or the Minister for Justice of any
punishment, forfeiture or disqualification.)
Given under my Official Seal, this 21st day of Decem-
ber, 1972.
Desmond O'Malley,
Minister for Justice
(Obtainable from Government Publications Sale Office,
Dublin 1, for 2£p plus postage.)
European Communities (Judicial Notice
and Documentary Evidence) Regulations,
1972
S.I. No. 341 of 1972
I, Desmond O'Malley, Minister for Justice, in exercise
of the powers conferred on me by section 3 of the
European Communities Act, 1972 (No. 27 of 1972),
hereby make the following regulations :
1. These Regulations may be cited as the European
Communities (Judicial Notice and Documentary Evi-
dence) Regulations, 1972.
2. These Regulations shall come into operation on
the 1st day of January, 1973.
3. In these Regulations—
"the European Court" means the Court of Justice of
the European Communities;
"The Official Journal" means the Official Journal of
the European Communities;
"the Official Publications Office" means
L'Office des
publications officielles des Communautés
Européennes;
"the Treaties" means the treaties governing the Euro-
pean Communities.
4. Judicial notice shall be taken of the Treaties, of
the Official Journal and of any decision of, or ex-
pression of opinion by, the European Court on any
question in respect of which that Court has jurisdiction.
5.
Prima facie
evidence of the Treaties may be given
in all courts and in all legal proceedings by the produc-
tion of a copy printed under the superintendence or
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