Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_4 (11 November 2022)

Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_4 (11 November 2022)

Ratification of CETA, in its current form, is constitutionally impermissible because the combined effect of the CETA Tribunal's jurisdiction and the almost automatic enforceability of its awards in Ireland undermines the finality and sovereignty of the Irish courts, and the interpretative powers of the Joint Committees lack sufficient democratic accountability. However, amendment of the Arbitration Act 2010 to provide for judicial review of CETA awards before enforcement could address these constitutional defects.

Citation
[2022] IESC 44_4
Parties
Appellant: Patrick Costello; Respondents: The Government of Ireland, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
11 November 2022
Procedural Posture
Constitutional Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; order of the High Court set aside
Legal Topics
Judicial Sovereignty, Ratification of International Treaties, Investor State Dispute Settlement (isds), Enforcement of Arbitral Awards, Legislative Sovereignty, Right to Regulate, Interpretation of Treaties
Constitutional Law International Law Arbitration Judicial Sovereignty Ratification of International Treaties Investor State Dispute Settlement (isds) Enforcement of Arbitral Awards Legislative Sovereignty +2 more

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Parties

Patrick Costello

Appellant

The Government of Ireland, Ireland and the Attorney General

Respondents

Procedural Posture

Constitutional Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether ratification of CETA is necessitated by EU membership
  2. 2 Whether ratification of CETA impermissibly withdraws disputes from the jurisdiction of Irish Courts under Article 34
  3. 3 Whether ratification of CETA is incompatible with the finality of decisions of the Irish Courts under Article 34

Ratio Decidendi

Ratification of CETA, in its current form, is constitutionally impermissible because the combined effect of the CETA Tribunal's jurisdiction and the almost automatic enforceability of its awards in Ireland undermines the finality and sovereignty of the Irish courts, and the interpretative powers of the Joint Committees lack sufficient democratic accountability. However, amendment of the Arbitration Act 2010 to provide for judicial review of CETA awards before enforcement could address these constitutional defects.

Court Disposition

Appeal allowed; order of the High Court set aside

Orders

  • Ratification of CETA in its current form is impermissible under the Constitution.
  • Amendment of the Arbitration Act 2010 may permit ratification of CETA.