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Supreme Court allows, in part, an appeal from the High Court, and determines: (a) that the President of Ireland was not subject to legislation requiring the release of environmental information, on the grounds that the immunity from suit of the President under the constitution encompassed such applications; and (b) the President and the Council of State were not 'public authorities' within the meaning of the relevant EU directive.
Baker J (nem diss): Role of President of Ireland in constitutional order - immunity from suit - Article 13.8.1° of the Constitution - acts purporting to be done by the President in the exercise and performance of his powers and functions - freedom of information - information on the environment - speeches given by President - AIE Directive (Directive 2003/4/EC) - decision of Commissioner for Environmental Information - whether Article 13.8.1° of the Constitution precludes the office of the Secretary General to the President from being subject to the review procedure under Article 6 of the AIE Directive - office of the President - Secretary General to the President - identity of the 'Office of the Secretary General of the President' - Council of State - powers of President - discretionary powers - immunity of President from suit - powers of Commissioner to invoke the court process - supremacy of EU law - scope of AIE directive - whether the President was a 'public authority' under the terms of the directive - “government or other public administration” - “public administrative functions”.
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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