Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_6 (11 November 2022)

Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_6 (11 November 2022)

The ratification of CETA by the Government, pursuant to Article 29.5.2° of the Constitution, is constitutionally permissible as it falls within the executive power of the State in external relations. CETA tribunals do not create a parallel jurisdiction or remove disputes from the Irish courts, as claims before such tribunals are based on international law, not Irish law, and enforcement of their awards in Ireland is governed by domestic law. The mechanism for enforcement does not breach judicial sovereignty, and the agreement contains sufficient safeguards to protect the constitutional order.

Citation
[2022] IESC 44_6
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
Outcome
Dissenting judgment—would have dismissed the appeal and upheld the Government's power to ratify CETA as constitutionally permissible.
Legal Topics
Sovereignty, Treaty Ratification, Separation of Powers, International Arbitration, Enforcement of International Awards
Constitutional Law International Law Administrative Law Sovereignty Treaty Ratification Separation of Powers International Arbitration Enforcement of International Awards

Case Brief

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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

Legal Issues

  1. 1 Whether ratification of CETA by the Government is constitutionally permissible under Irish law
  2. 2 Whether CETA infringes the sovereign powers of the State, particularly judicial sovereignty under Article 34
  3. 3 Whether the enforcement of CETA arbitral awards in Ireland is compatible with the Constitution

Ratio Decidendi

The ratification of CETA by the Government, pursuant to Article 29.5.2° of the Constitution, is constitutionally permissible as it falls within the executive power of the State in external relations. CETA tribunals do not create a parallel jurisdiction or remove disputes from the Irish courts, as claims before such tribunals are based on international law, not Irish law, and enforcement of their awards in Ireland is governed by domestic law. The mechanism for enforcement does not breach judicial sovereignty, and the agreement contains sufficient safeguards to protect the constitutional order.

Court Disposition

Dissenting judgment—would have dismissed the appeal and upheld the Government's power to ratify CETA as constitutionally permissible.