Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_3 (11 November 2022)

Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_3 (11 November 2022)

CETA establishes a parallel legal order and dispute resolution mechanism that undermines the exclusive law-making and judicial powers vested in Irish constitutional organs. The Joint Committee's binding interpretative and quasi-legislative powers, and the enforceability of CETA tribunal awards, amount to an unconstitutional cession of sovereignty and breach of the separation of powers. Legislative amendment cannot cure this constitutional infirmity, as the obligations arising post-ratification would be necessitated by EU law and override domestic discretion. Therefore, ratification of CETA in its current form is incompatible with the Irish Constitution.

Citation
[2022] IESC 44_3
Parties
Plaintiff/appellant: Patrick Costello; Defendants/respondents: The Government of Ireland, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
11 November 2022
Procedural Posture
Constitutional Challenge / Appeal / Supreme Court Judgment (dissenting Opinion of Charleton J)
Outcome
Dissent (Charleton J would allow the appeal and find CETA ratification unconstitutional)
Legal Topics
Sovereignty, Separation of Powers, Ratification of Treaties, Judicial Review, Enforcement of Arbitral Awards, Access to Justice
Constitutional Law International Law European Union Law Arbitration Sovereignty Separation of Powers Ratification of Treaties Judicial Review +2 more

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Parties

Patrick Costello

Plaintiff/appellant

The Government of Ireland, Ireland and the Attorney General

Defendants/respondents

Procedural Posture

Constitutional Challenge / Appeal / Supreme Court Judgment (dissenting Opinion of Charleton J)

Legal Issues

  1. 1 Whether ratification of CETA by Ireland is compatible with the Irish Constitution
  2. 2 Whether CETA tribunals and the Joint Committee unlawfully cede legislative and judicial power from Irish institutions
  3. 3 Whether legislative amendment (e.g., to the Arbitration Act 2010) can cure constitutional infirmity

Ratio Decidendi

CETA establishes a parallel legal order and dispute resolution mechanism that undermines the exclusive law-making and judicial powers vested in Irish constitutional organs. The Joint Committee's binding interpretative and quasi-legislative powers, and the enforceability of CETA tribunal awards, amount to an unconstitutional cession of sovereignty and breach of the separation of powers. Legislative amendment cannot cure this constitutional infirmity, as the obligations arising post-ratification would be necessitated by EU law and override domestic discretion. Therefore, ratification of CETA in its current form is incompatible with the Irish Constitution.

Court Disposition

Dissent (Charleton J would allow the appeal and find CETA ratification unconstitutional)