Campbell v Ireland and Anor (Approved) [2021] IEHC 162 (22 February 2021)

Campbell v Ireland and Anor (Approved) [2021] IEHC 162 (22 February 2021)

The obligation imposed on the State by article 29(1) of the Framework Decision is not justiciable at the suit of the plaintiff before the national courts because framework decisions do not have direct effect, are not enforceable by individuals, and the plaintiff has not suffered any actual loss or accrued right; the claim is premature and outside the scope of Francovich state liability.

Citation
[2021] IEHC 162
Parties
Plaintiff: Liam Campbell; Defendants: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
22 February 2021
Procedural Posture
Plenary Summons / High Court Judgment
Outcome
Action dismissed
Legal Topics
State Liability, Transposition of EU Law, Framework Decisions, Direct Effect, Declaratory Relief, Quia Timet Actions
European Union Law Constitutional Law Criminal Law State Liability Transposition of EU Law Framework Decisions Direct Effect Declaratory Relief +1 more

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Parties

Liam Campbell

Plaintiff

Ireland and the Attorney General

Defendants

Procedural Posture

Plenary Summons / High Court Judgment

Legal Issues

  1. 1 Whether the State's failure to transpose Council Framework Decision 2008/909/JHA is justiciable at the suit of a private individual before the national courts
  2. 2 Whether a private individual can obtain declaratory relief or damages for anticipated breach of rights under a framework decision not yet transposed into national law

Ratio Decidendi

The obligation imposed on the State by article 29(1) of the Framework Decision is not justiciable at the suit of the plaintiff before the national courts because framework decisions do not have direct effect, are not enforceable by individuals, and the plaintiff has not suffered any actual loss or accrued right; the claim is premature and outside the scope of Francovich state liability.

Court Disposition

Action dismissed

Orders

  • Plaintiff's claim dismissed
  • Relief sought refused