Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_2 (11 November 2022)

Costello v The Government of Ireland, Ireland and the Attorney General (Approved) [2022] IESC 44_2 (11 November 2022)

The Supreme Court held that ratification of CETA by the Government does not breach the Constitution as the agreement operates at the level of international law and does not create domestic legal effects without Oireachtas action. The CETA Tribunal does not exercise the administration of justice within the meaning of Article 34, and the agreement does not constitute an impermissible transfer of legislative or judicial power. Ratification is not precluded by the Constitution and does not require a referendum.

Citation
[2022] IESC 44_2
Parties
Appellant: Patrick Costello; Respondents: The Government of Ireland, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
11 November 2022
Procedural Posture
Constitutional Challenge / Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Treaty Ratification, State Sovereignty, Separation of Powers, Administration of Justice, Arbitration, Standing (locus Standi)
Constitutional Law International Law European Union Law Treaty Ratification State Sovereignty Separation of Powers Administration of Justice Arbitration +1 more

Case Brief

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Parties

Patrick Costello

Appellant

The Government of Ireland, Ireland and the Attorney General

Respondents

Procedural Posture

Constitutional Challenge / Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether ratification of CETA by the Government without a referendum is unconstitutional under Article 15.2.1° and Article 34 of the Constitution
  2. 2 Whether CETA involves an impermissible transfer of legislative or judicial power
  3. 3 Whether the CETA Tribunal constitutes an unconstitutional administration of justice

Ratio Decidendi

The Supreme Court held that ratification of CETA by the Government does not breach the Constitution as the agreement operates at the level of international law and does not create domestic legal effects without Oireachtas action. The CETA Tribunal does not exercise the administration of justice within the meaning of Article 34, and the agreement does not constitute an impermissible transfer of legislative or judicial power. Ratification is not precluded by the Constitution and does not require a referendum.

Court Disposition

Appeal dismissed

Orders

  • Refusal of relief sought by the appellant
  • Ratification of CETA by the Government is constitutionally permissible under Article 29