• Court rules state can ratify European Stability Mechanism

    The High Court has ruled that the State can ratify the European Stability Mechanism. Ms Justice Mary Laffoy ruled this morning on a case taken by Independent TD Thomas Pringle, who argued that given the ESM was linked to the Fiscal Treaty, it too should have been put to the people.

    The Donegal South West TD was seeking an injunction preventing the State from ratifying the ESM treaty, arguing that the treaty was in breach of the constitution and EU law.

    In a verbal ruling given this morning in the High Court, Ms Justice Laffoy said that the court would not restrain the state from ratifying the treaty, but did say she would refer a question to the European Court of Justice about how the treaty functions, which Ms Laffoy said was a question which concerened all states.
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    Comments 33 Comments
    1. whooley's Avatar
      whooley -
      This is not too surprising. I look forward to seeing the full written judgement and the details of what exactly Justice Laffoy has referred to the ECJ.

      If the High Court had ruled in favour of Mr Pringle, that would have made international headlines.

      Any word of an appeal?

      http://www.highlandradio.com/2012/07...gle-challenge/
    1. kerdasi amaq's Avatar
      kerdasi amaq -
      Does this go to the Supreme Court, now?

      That's where the real action is.
    1. ibis's Avatar
      ibis -
      Heavens, there's a shock.
    1. richie268's Avatar
      richie268 -
      It was always a done deal as no Judge wishes to be held responsible in any shape or form for the impending disaster thus kick the can back to Europe via the court of European Justice.
      I note Ms Laffoy agrees that there is a question to be answered and will have that question asked however whether we get an answer is another issue and the clock is ticking down,
    1. Crazy horse 6's Avatar
      Crazy horse 6 -
      Well i never. The ruling class looks after their own interests.
    1. Ulster-Lad's Avatar
      Ulster-Lad -
      Thread title misleading there David. Part of the lawsuit has been referred to Brussels.

      While Ms Justice Mary Laffoy refused his request for an injunction, she has decided to refer a point of law to the European Court of Justice about procedures relating to the effect and operability of the stability mechanism.
      Court ruling brings ratification of ESM treaty closer | BreakingNews.ie

      While Ms Justice Mary Laffoy refused his request for an injunction, she has decided to refer a point of law to the European Court of Justice about procedures relating to the effect and operability of the stability mechanism.

      She will deliver a full judgment at a later date.

      http://www.highlandradio.com/2012/07...gle-challenge/
    1. Clanrickard's Avatar
      Clanrickard -
      Quote Originally Posted by richie268 View Post
      It was always a done deal as no Judge wishes to be held responsible in any shape or form for the impending disaster thus kick the can back to Europe via the court of European Justice.
      I note Ms Laffoy agrees that there is a question to be answered and will have that question asked however whether we get an answer is another issue and the clock is ticking down,
      Lets wait and see how the ECJ says the ESM should work.
    1. David Cochrane's Avatar
      David Cochrane -
      I was at the court, she said she was referring a Question to the Court (which is in Luxembourg by the way), but she said the court would not restrain the state from ratifying the treaty. This is what I wrote.
    1. Ulster-Lad's Avatar
      Ulster-Lad -
      Quote Originally Posted by David Cochrane View Post
      I was at the court, she said she was referring a Question to the Court (which is in Luxembourg by the way), but she said the court would not restrain the state from ratifying the treaty. This is what I wrote.
      It does seem awkward then that she will deliver her full judgement at a later date.
    1. David Cochrane's Avatar
      David Cochrane -
      Quote Originally Posted by Ulster-Lad View Post
      It does seem awkward then that she will deliver her full judgement at a later date.
      She said this morning that her written judgement would run to well over 100 pages, and it wasn't possible to have it by this morning, so she gave a her decision verbally.
    1. turdsl's Avatar
      turdsl -
      It looks as if there is a long legal road yet to travel.
    1. Analyzer's Avatar
      Analyzer -
      That would be great if the European Stability Mechanism actually brought about Stability.....

      Based on previous EU initiatives it will most likely bring more instability....
    1. richie268's Avatar
      richie268 -
      Quote Originally Posted by Analyzer View Post
      That would be great if the European Stability Mechanism actually brought about Stability.....

      Based on previous EU initiatives it will most likely bring more instability....
      Stability is not possible without clarity.
    1. itsonlyme's Avatar
      itsonlyme -
      how much is Pringle out of pocket ?
    1. kerdasi amaq's Avatar
      kerdasi amaq -
      Was he given leave to appeal to the Supreme Court? That is the important thing; everything else that happens in the High Court is legal shadow boxing!
    1. jacko's Avatar
      jacko -
      Quote Originally Posted by kerdasi amaq View Post
      Was he given leave to appeal to the Supreme Court? That is the important thing; everything else that happens in the High Court is legal shadow boxing!
      you cannot appeal a decision to refer to the ECJ (as previously held in Campus Oil)

      The decision not to grant injunctive relief pending the outcome of the reference may be appealed (SPUC v Grogan)
    1. T.F.P.'s Avatar
      T.F.P. -
      I would hope Pringle appeals, it appears to be a contradiction in terms to refer a question on the matter to the ECJ, yet continue to allow the state to proceed. However a review of ECJ findings as a whole paints a picture of a lost battle and possibly Justice Laffoy see's this coming down the road.
    1. ShoutingIsLeadership's Avatar
      ShoutingIsLeadership -
      Given this is Pringle, was there no way of working 'can't stop' into the thread title?

      Perhaps you could have mentioned he was feeling sour and that this cream as no surprise to anybody?

      So, go on, change the thread title to:

      'Sour Pringle can't stop ESM, as judge pops question to Europe'
    1. hiding behind a poster's Avatar
      hiding behind a poster -
      Quote Originally Posted by turdsl View Post
      It looks as if there is a long legal road yet to travel.
      No, it doesn't.
    1. hiding behind a poster's Avatar
      hiding behind a poster -
      Very quiet thread this, by the way. You can't help thinking if the ruling had been different, it'd be running to about a zillion posts by now.
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