Dwyer v The Commissioner of An Garda Siochana & Ors [2020] IESC 4_1 (24 February 2020)

Dwyer v The Commissioner of An Garda Siochana & Ors [2020] IESC 4_1 (24 February 2020)

Issues of proportionality regarding legislative measures on data retention and access for criminal investigations should be resolved by national courts, not referred to the CJEU, as the CJEU lacks competence in criminal law matters concerning the admissibility of evidence, and Irish law provides sufficient safeguards consistent with EU law and the Charter.

Citation
[2020] IESC 4_1
Parties
Plaintiff/respondent: Graham Dwyer; Defendant/appellant: The Commissioner of An Garda Siochana; Defendant/appellant: The Minister for Communications, Energy and Natural Resources; Defendant/appellant: Ireland; Defendant/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
24 February 2020
Procedural Posture
Supreme Court Appeal / Dissenting Judgment on Referral to the Court of Justice of the European Union
Outcome
Dissent—opposes referral to the Court of Justice of the European Union; supports national court competence.
Legal Topics
Admissibility of Telecommunications Metadata, Protection of Personal Data, Proportionality of Legislative Measures, National Vs EU Competence in Criminal Law, Exclusion of Evidence in Criminal Trials
Criminal Law Constitutional Law European Union Law Data Protection Law Admissibility of Telecommunications Metadata Protection of Personal Data Proportionality of Legislative Measures National Vs EU Competence in Criminal Law +1 more

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Parties

Graham Dwyer

Plaintiff/respondent

The Commissioner of An Garda Siochana

Defendant/appellant

The Minister for Communications, Energy and Natural Resources

Defendant/appellant

Ireland

Defendant/appellant

The Attorney General

Defendant/appellant

Procedural Posture

Supreme Court Appeal / Dissenting Judgment on Referral to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether issues of proportionality regarding legislative measures impinging on rights should be resolved by national courts or referred to the CJEU
  2. 2 Whether the CJEU has competence in criminal litigation regarding the admissibility of evidence
  3. 3 Whether Irish law on inert retention and access to telecommunications metadata complies with EU law and the Charter of Fundamental Rights

Ratio Decidendi

Issues of proportionality regarding legislative measures on data retention and access for criminal investigations should be resolved by national courts, not referred to the CJEU, as the CJEU lacks competence in criminal law matters concerning the admissibility of evidence, and Irish law provides sufficient safeguards consistent with EU law and the Charter.

Court Disposition

Dissent—opposes referral to the Court of Justice of the European Union; supports national court competence.