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Supreme Court allows appeal from High Court, and determines that the government did not have jurisdiction under the Constitution to ratify a trade agreement (CETA) between the EU and Canada, on the grounds that CETA involved the creation of tribunals whose awards would be automatically enforceable within the State at the suit of Canadian investors within Ireland, and would be in breach of the requirement that justice only be administered in courts established under the Constitution.
Dunne J (majority decision): Trade deal (CETA) between EU and third country (Canada) - ratification of trade deal by Irish government - whether agreement could be ratified by State under Article 29 of the Constitution - need for agreement to be ratified by member states - method of ratification - agreement made in October 2016 - requirement for parties to approve agreement in accordance with 'respective internal requirements and procedures' - application of trade deal on a provisional basis - alleged transfer by trade deal of elements of sovereign power to institutions created by agreement - environmental legislation - whether potential liability of State to Canadian investor for damages arising from such legislation - whether binding on State in international law only - whether any effect on domestic legal system - leapfrog appeal to Supreme Court - whether government entitled to accept CETA legal framework without an effect on domestic legal system - whether CETA tribunal would be engaged in administration of justice contrary to Art 34 of Constitution - whether ratification necessitated by EU membership - sovereignty - international investment law - investment protection - investment agreements between EU and other states - 'covered investments' - whether award made by CETA Tribunal could be enforced within the State - whether an individual investor could enforce an award within the jurisdiction of the State - investors to be accorded 'fair and equitable treatment' - CETA Joint Committee - whether CETA Tribunal involved in the administration of justice - comparison with other international agreements - regulatory chill.
Dissenting judges: O'Donnell CJ, Mac Menamin J, Power J.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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or click here to request site subscription to search and view all judgments |
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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or click here to request site subscription to search and view all judgments |
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
|
or click here to request site subscription to search and view all judgments |
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
|
or click here to request site subscription to search and view all judgments |
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
|
or click here to request site subscription to search and view all judgments |
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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