Brussels in the Driving Seat: Why Market-Law Supremacy Shapes Every Irish Regulatory Debate
- Luke Hally
- Jul 1
- 1 min read
This report highlights the significance of understanding the reality of EU market-law supremacy, rooted in the European Commission’s agenda-setting power, which influences every Irish regulatory outcome.
Major files, such as the Digital Services Act, Corporate Sustainability Reporting, Health Data Space, and Payment Services, are drafted in Brussels, pass through the Council and Parliament with only minor edits, and arrive in Dublin largely intact. Resource-constrained Irish negotiators rarely amend core provisions; transposition then proceeds verbatim or with “gold-plating,” as domestic regulators in Ireland often exceed baseline EU demands to protect EU regulatory implementation representational standing.
It seeks to counter the common misconception of regulatory parity between Member States and the Commission: EU rules sit hierarchically above national Member State law, and even soft-law guidance from the Commission quickly hardens into de facto Irish policy. For businesses and NGOs operating in Ireland, effective advocacy hinges on early engagement with Commission desks, COREPER, and rapporteurs, not late advocacy in the Oireachtas. Recognising and navigating this top-down reality transforms compliance costs into a strategic advantage.
For regulatory and governance affairs professionals in Ireland, understanding how EU policy is made in Brussels is essential. Additionally, it reflects the inherent value of possessing first-hand knowledge of Commission-based policy creation, and how that value contributes to the work of advocacy representations in Dublin. Most rules are decided before reaching Dublin. First-hand knowledge enables early engagement, informed influence, and better foresight when operating in Dublin, helping organisations stay ahead of compliance risks and shape outcomes rather than react after decisions are already made.
Click below to access the report:
Comments