Wednesday 18 October 2017

TD's bid to stop treaty rejected by High Court

Tim Healy

THE High Court has refused to grant Independent TD Thomas Pringle an injunction restraining the Government from proceeding to ratify the European Stability Mechanism (ESM) Treaty.

However, the court has decided to refer a legal issue relating to member states' approval of the ESM to the European Court of Justice.

Mr Pringle said he intended to appeal Ms Justice Mary Laffoy's decision in relation to the constitutionality and validity of the ESM treaty to the Supreme Court. His lawyers had claimed the treaty was incompatible with the Constitution and with EU law.

The judge noted the State had argued Mr Pringle was not entitled to have a question referred to the European court because it contended he was outside the legal time limits to seek such a reference.

In opposing the Pringle action, the Government argued that delayed ratification of the ESM treaty could "impact very detrimentally" on Ireland's proposed re-entry to the financial markets and capacity to raise the funding necessary to run the country going into 2014.

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