Costello v The Government of Ireland - Ireland and the Attorney General - 2022 IESC 44 - (Comprehensive Economic and Trade Agreement (CETA)) - 11 November 2022
Country
Year
2022
Summary
The Supreme Court by a majority of 4-3 (Dunne, Charleton, Baker and Hogan JJ.; O'Donnell C.J., MacMenamin and Power JJ. dissenting) holds that the Constitution of Ireland precludes the Government and Dáil Éireann from ratifying the EU-Canada Comprehensive Economic and Trade Agreement ("CETA") as Irish law now stands.
The Court by majority 6-1 (O'Donnell C.J., MacMenamin, Dunne, Baker, Hogan and Power JJ.; Charleton J. dissenting), also holds that certain amendments of the Arbitration Act, 2010 (as detailed in Part XIII of the judgment of Hogan J.) would, if effected, permit ratification without breaching the Constitution.