Return to Judgments Search
Costello -v- The Government of Ireland, Ireland and the Attorney General
Judgment ByBaker J.
CourtSupreme Court
Date Delivered11 November 2022
Neutral Citation[2022] IESC 44
Record Number124/21
Date Uploaded11 November 2022
ResultAllow appeal and set aside order of the High Court.
High Court Record Number2021 No.1282 P
Overall ResultPlease refer to summary below.
Composition of the CourtO'Donnell C.J.;Mac Menamin J.;Dunne J.;Charleton J.;Baker J.;Hogan J.;Power J.
DetailsThe 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.
Judgments By Concurring Dissenting
Dunne J.
Charleton J.
Baker J.
Hogan J.
O'Donnell C.J.
Mac Menamin J.
Power J.