The hearing of Ireland’s Green Party Teachta Dála (TD) Patrick Costello’s High Court action in respect of the constitutionality of parts of the EU-Canadian trade deal providing for the establishment of “investor courts” will take place in July.
High Court president, Ms Justice Mary Irvine revealed recently that the case will be heard before Ms Justice Nuala Butler on July 13 and it had been allotted four days.
She added that Ms Justice Butler believed a case with this level of importance was probably best argued in a physical court if the Covid-19 situation allowed.
The judge made it known that while the court would have to consider at the updated COVID-19 situation in July, she would be highly confident about a physical hearing or probably a hybrid hearing with some participants in court and others participating virtually.
Costello, a Green Party TD for Dublin South Central, holds the view that the investor court system as provided for under CETA (Comprehensive Economic Trade Agreement) involves an unconstitutional transfer of sovereignty and judicial power.
The Government TD took the case in his own name. The Green Party opposed CETA before going into government and the party is now divided on how the ratification issue could be handled.
Costello claimed in his action that if the investor court system is brought into force without referendum’s sanctioning, that would contravene Articles 15 and 34 of the Constitution, Deputy Costello claimed in his action.
His legal proceedings are against the Government of Ireland, Ireland and the Attorney General.
