Riordan v. An Taoiseach [2000] IESC 35 (21st July, 2000)

Riordan v. An Taoiseach [2000] IESC 35 (21st July, 2000)

The Government's act of recommending a candidate for Vice-President of the European Investment Bank, without public advertisement or application process, does not breach Article 40.1 of the Constitution. There is no constitutional right to be informed of or to apply for such positions, and the courts cannot interfere with executive functions in the absence of a clear constitutional violation.

Citation
[2000] IESC 35
Parties
Applicant: [Applicant Name Not Provided]; First Respondent: The Government of Ireland; Second Respondent: Minister for Finance; Third Respondent: Minister for Finance as Governor of the European Investment Bank; Fourth Respondent: [Fourth Named Respondent Name Not Provided]; Fifth Respondent: [Fifth Named Respondent Name Not Provided]
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Separation of Powers, Equality Before the Law, Executive Function, Judicial Review, Locus Standi
Constitutional Law Administrative Law European Union Law Separation of Powers Equality Before the Law Executive Function Judicial Review Locus Standi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

[Applicant Name Not Provided]

Applicant

The Government of Ireland

First Respondent

Minister for Finance

Second Respondent

Minister for Finance as Governor of the European Investment Bank

Third Respondent

[Fourth Named Respondent Name Not Provided]

Fourth Respondent

[Fifth Named Respondent Name Not Provided]

Fifth Respondent

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the Government's method of nominating a candidate for Vice-President of the European Investment Bank violated Article 40.1 of the Constitution (equality before the law) by not advertising the vacancy and allowing public applications.
  2. 2 Whether the courts can intervene in executive functions where no constitutional right is breached.
  3. 3 Whether the applicant had locus standi to bring the application.

Ratio Decidendi

The Government's act of recommending a candidate for Vice-President of the European Investment Bank, without public advertisement or application process, does not breach Article 40.1 of the Constitution. There is no constitutional right to be informed of or to apply for such positions, and the courts cannot interfere with executive functions in the absence of a clear constitutional violation.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • The appeal is dismissed.
  • The order of the High Court is affirmed.