Right to Know CLG v An Taoiseach & Ors (Unapproved) [2023] IECA 68 (24 March 2023)

Right to Know CLG v An Taoiseach & Ors (Unapproved) [2023] IECA 68 (24 March 2023)

The Court held that the applicant was required to exhaust the statutory appeal mechanisms under the AIE Regulations before seeking judicial review. Article 6(1)(b) of the AIE Regulations, requiring a request to state it is made under the Regulations, is a permissible practical arrangement under the AIE Directive and does not constitute an unlawful restriction or breach of constitutional separation of powers. The judicial review was refused on the basis of failure to exhaust remedies and on the merits.

Citation
[2023] IECA 68
Parties
Applicant/appellant: Right to Know CLG; Respondents: An Taoiseach and Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
24 March 2023
Procedural Posture
Appeal From Judicial Review (high Court) / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court refusal of judicial review affirmed.
Legal Topics
Access to Information on the Environment, Transposition of EU Directives, Judicial Review, Exhaustion of Remedies, Separation of Powers
Administrative Law Environmental Law EU Law Constitutional Law Access to Information on the Environment Transposition of EU Directives Judicial Review Exhaustion of Remedies +1 more

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Parties

Right to Know CLG

Applicant/appellant

An Taoiseach and Minister for Communications, Climate Action and the Environment, Ireland and the Attorney General

Respondents

Procedural Posture

Appeal From Judicial Review (high Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Article 6(1)(b) of the AIE Regulations, requiring a request to state it is made under the Regulations, is compatible with the AIE Directive
  2. 2 Whether the applicant was required to exhaust alternative remedies before seeking judicial review
  3. 3 Whether Article 6(1)(b) is an unconstitutional exercise of legislative power

Ratio Decidendi

The Court held that the applicant was required to exhaust the statutory appeal mechanisms under the AIE Regulations before seeking judicial review. Article 6(1)(b) of the AIE Regulations, requiring a request to state it is made under the Regulations, is a permissible practical arrangement under the AIE Directive and does not constitute an unlawful restriction or breach of constitutional separation of powers. The judicial review was refused on the basis of failure to exhaust remedies and on the merits.

Court Disposition

Appeal dismissed; High Court refusal of judicial review affirmed.

Orders

  • Refusal of all reliefs sought by the applicant.
  • No order quashing the decisions of the respondents.