A Quick Guide to the Legal System and Legal Requirements for Businesses in the Republic of Ireland

The Republic of Ireland's legal system is broadly based on that of the United Kingdom, especially when it comes to taxation. However, there are a few differences that are fundamental in the legal system of the Republic of Ireland:

Popularly elected president
Representative democracy
Separation of Powers
Constitutional rights system
Judicial review system

Primary legislation

The Constitution of the Irish Free State carried over all legislation which had applied to the 26 counties subject to its consistency with that Constitution. Consequently the Irish statute book stretches back some 800 years.

Secondary legislation

In the Republic of Ireland secondary legislation can only be enacted under an authorising statute and not by decree as done in the UK. Acts of all secondary legislation are known as statutory instruments. However, only significant legislative acts are numbered as statutory instruments and published by the Stationary Office. Secondary legislation cannot introduce new principles and policies but merely give effect to the principles and policies of the parent Act.

Case Law

As with any common law system, the Irish courts are bound by the doctrine of Stare decisis to apply precedents set by higher courts. This extends to the decisions of higher courts made before independence such as decisions made by the House of Lords and the Irish Court of Appeal.

Legal requirements for businesses in the Republic of Ireland

St Matthew eAccounting can provide you with or refer you to a relevant, reputable lawyer. The key areas where it is important for businesses to take legal advice are:

Company structure

Companies must ensure that they have the appropriate structure and that they have met the necessary legal requirements for establishing and operating in the Republic of Ireland. For further information, please see the Companies Registration Office information on Incidental Obligations.

Employment law

Businesses in the Republic of Ireland must meet their legal obligations to their employees. There are several key aspects that should be considered, including:

Recruitment
Skills Development
Employment Rights and Contracts
Employment Taxation
Pension schemes and Share schemes
Labour Relations
Health and Safety and the Workplace
Termination and Redundancy
Work Permits and Visas
Employment and Disability
Action in the Workplace
Making the Workplace Accessible

For further information, please go to the 'BASIS' website on Employment Issues

Liability insurance

Businesses have a legal responsibility towards employees, customers and the public, and will require liability insurance in order to meet any legal actions brought as a result of negligence.

Contract terms and service levels

Businesses have legal responsibilities to both customers and suppliers and should, therefore, take legal advice on issues such as terms and conditions of contracts, obligations and service levels.

Protecting intellectual property

Businesses should ensure that they have the appropriate intellectual property rights for their products and services, and that they are not infringing upon the rights of other businesses. For more information please read Managing Research generated intellectual property.

Regulations

In the Republic of Ireland, companies must adhere to general operating regulations and specific regulations that apply to an industry sector or proposed business activity.

Health and safety

Employees, customers and suppliers must be able to operate safely when interacting with all aspects of a business (for example, workplaces must meet minimum health and safety standards). For further information, please see: BASIS Health & Safety

Real estate

There are several important legal issues that companies must address when buying or leasing property or land. A solicitor who specialises in property law will typically advise on issues such as ownership, negotiating the best terms (for a lease or purchase) and will also carry out 'surveys' to check if there are any problems with the site or building.

Environmental requirements

Environmental regulations in the Reoublic of Ireland are dependent upon various factors including the type and size of the business, the industry sector and the specific processes being undertaken. For further information, please see BASIS Premises and Environment

Last Updated ( Monday, 23 March 2009 )

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