In 1987, Raymond Crotty attacks the ratification of the Single European Act, mainly on the basis of his interpretation of the third amendment of the Irish Constitution (which sets out the constitutionality of Ireland’s participation in the Communities). In its judgment of 12 February of the same year, the Irish High Court dismisses Crotty’s complaint, concluding that he has no locus standi. The case is subsequently referred to the Supreme Court.
In April 1987, the Irish Supreme Court upholds Raymond Crotty’s claim and challenges the ratification of the Single European Act. It appears that the ratification of any Community treaty containing at least one provision that fundamentally affects the legal nature, field of application or objectives of the Communities must give rise to a revision of the Irish Constitution, which requires a referendum.
VS Member of Parliament Keld Albrechtsen puts a question to the Prime Minister on Article 236 of the Treaty of Rome. He challenges the view expressed by the Prime Minister in his address of 28 January 1986, instead arguing that Denmark is in no way bound to sign the Single European Act.
On 20 November 1986, the French National Assembly debates whether the internal market should be completed in view of the transfer of sovereignty laid down by the new treaty. During the session, the objection of inadmissibility raised by André Lajoinie to the bill authorising the ratification of the Single European Act is rejected by 535 votes to 35.
At its second session on 20 November 1986, the French National Assembly debates then adopts by 498 votes to 35 — the communists maintain their opposition — the bill for the ratification of the Single European Act.
On 3 December 1986, the Irish Parliament’s Joint Committee on the Secondary Legislation of the European Communities drafts a report on the progress made by the Member States in the ratification procedure for the Single European Act.
The Crotty v. An Taoiseach judgment handed down by the Irish Supreme Court ruled that the Single European Act (SEA) could only be ratified if the Constitution was first changed. 44.1 % of the electorate turned out to vote in the referendum held on 26 May 1987, with 69.9 % voting in favour of changing the Constitution. The Tenth Amendment to the Irish Constitution expressly permits the state to ratify the SEA.
On 16 February 1986, the German newspaper Frankfurter Allgemeine Zeitung commented on the Danish Government's decision not to sign the Single European Act the following day since it was waiting for the results of a national referendum on the full text.
In January 1986, the Danish Parliament voted by a majority that the ratification of the Single European Act should be decided by a referendum, to be held on 27 February. Just before the referendum, Parliament publishes a brochure for voters setting out the positions and arguments of each party represented.
Following the referendum of 27 February 1986, a new provision is added to Act No 447 authorising Denmark’s accession to the European Communities in 1972, which had already been amended in 1984. Point 10(4) reproduces the wording of the Single European Act, except for sections I and III.