Breaking: Ratification of CETA unconstitutional. Supreme Court.
Patrick Costello TD succeeds in a hugely significant vindication of citizens' rights and their place in the constitutional architecture of Ireland.
The court judgments will need close reading. There may be a legislative path to legitimate ratification, avoiding a referendum.
The court judgments will need close reading. There may be a legislative path to legitimate ratification, avoiding a referendum.
The seven judgments will appear on Courts.ie shortly - link courts.ie/judgments
In a legal first, the delivery by the Chief Justice of a summary of the Court's findings was transmitted live on YouTube.
With countries like France and the Netherlands having second thoughts on CETA, the potential legislative path to ratification may not be straightforward.
With countries like France and the Netherlands having second thoughts on CETA, the potential legislative path to ratification may not be straightforward.
With commendable restraint, the successful plaintiff Patrick Costello TD @costellop terms the outcome 'very interesting'.
He's not wrong.
He's not wrong.
As @MaryCarolanIT says: 'The decision is of enormous significance, not only for Irish constitutional law, but because it involves the first pronouncement by a court of any EU member state concerning the deal, particularly the investor court provisions.'
John Rogers SC for Mr Costello had told the Supreme Court during the hearing that this was the most important case the court would hear this year regarding the constitutional rule of law in the State.
This shows once more the vital importance of judicial oversight of political actors. You can see why some political actors do not like it.
Checks and balances matter. Ireland, for all we criticise, is luckier than most countries in this.
#IrishConstitution #JudicialReview #CETA
Checks and balances matter. Ireland, for all we criticise, is luckier than most countries in this.
#IrishConstitution #JudicialReview #CETA
This from Baker J.
"Is ratification of CETA incompatible with the democratic nature of the State under Article 5 [of the Constitution of Ireland]?
- Yes."
@costellop
has given the Court an opportunity to analyse CETA in a suitably forensic way.
courts.ie/acc/alfresco/d…
"Is ratification of CETA incompatible with the democratic nature of the State under Article 5 [of the Constitution of Ireland]?
- Yes."
@costellop
has given the Court an opportunity to analyse CETA in a suitably forensic way.
courts.ie/acc/alfresco/d…
Charleton J.
- CETA ... "constitutes a clear disregard of the Constitution."
- CETA ... "constitutes a clear disregard of the Constitution."
@Costellop:
.. a significant moment in protecting the integrity of our courts system & constitution. This case raised important questions in relation to binding legal mechanisms which would grant corporations greater ability to potentially sue the State.
patrickcostello.ie/2022/11/11/sta…
.. a significant moment in protecting the integrity of our courts system & constitution. This case raised important questions in relation to binding legal mechanisms which would grant corporations greater ability to potentially sue the State.
patrickcostello.ie/2022/11/11/sta…
Taoiseach (as reported by RTÉ):
....a point of law has been raised which the Government will respond to.
....a point of law has been raised which the Government will respond to.
Tl;dr
What a Supreme Court Judge sees as "a clear disregard of the constitution" is a Taoiseach's "point of law."
#Reductive
#ceta #Law #Politics @Costellop
What a Supreme Court Judge sees as "a clear disregard of the constitution" is a Taoiseach's "point of law."
#Reductive
#ceta #Law #Politics @Costellop
Elsewhere #NotBovvered
Dealt with by RTÉ Six One News between 6.39 - 6.40pm.
That’s interesting in itself. #News #Editing #CETA #RuleOfLaw
That’s interesting in itself. #News #Editing #CETA #RuleOfLaw
Tl;dr
Illustrations thread by @PaulMcCartney
Illustrations thread by @PaulMcCartney
https://twitter.com/paulmccc/status/1389258266048348165
Hogan J
The issues which arise on this appeal go to the very heart of our constitutional architecture. All of this means that the present appeal may yet be regarded as among the most important which this Court has been required to hear and determine in its almost 100-year history
The issues which arise on this appeal go to the very heart of our constitutional architecture. All of this means that the present appeal may yet be regarded as among the most important which this Court has been required to hear and determine in its almost 100-year history
@ciaraphelan_ recalls the vicious reaction against @costellop by some in high places.
‘When he announced he was taking the case Costello was savagely attacked by Government TDs and he was treated as a traitor.
Privately, TDs were mocking him and branded him as an embarrassment’
‘When he announced he was taking the case Costello was savagely attacked by Government TDs and he was treated as a traitor.
Privately, TDs were mocking him and branded him as an embarrassment’
‘We’ll be considering the implications of this one for quite some time, quipped one Government source.’
- IT
#Anonymous #ChiefQuip
- IT
#Anonymous #ChiefQuip
“It does seem to me that this is the WTO protests from 20 years ago in another guise,” said one member of the parliamentary party. “They’ve latched onto the environmental movement but it’s really just a long-standing, hard-left, anti-trade thing.”
- Unnamed GP legislator, via IT
- Unnamed GP legislator, via IT
“… clear disregard of the Constitution” - Charleton J.
“… incompatible with the democratic nature of the State…” - Baker J.
“The issues which arise on this appeal accordingly to go to the very heart of our constitutional architecture.” - Hogan J.
No issue with trade aspects explains @MaryCarolanIT.
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