Costello v. Government of Ireland
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| Costello v. Ireland | |
|---|---|
 | |
| Court | Supreme Court of Ireland |
| Full case name | Patrick Costello v. Government of Ireland, Ireland and the Attorney General |
| Decided | 11 November 2022 |
| Citation | [2022] IESC 44 |
| Case history | |
| Appealed from | Costello v. Ireland [2021] IEHC 600 |
| Court membership | |
| Judges sitting | O'Donnell C.J., MacMenamin J., MacMenamin J., Dunne J., Charleton J., Baker J., Hogan J., Power J. |
| Case opinions | |
| |
| Decision by | Dunne J. |
| Concurrence | Baker and Hogan JJ. |
| Concur/dissent | Charleton J. |
| Dissent | O'Donnell C.J., Mac Menamin and Power JJ. |
| Keywords | |
Costello v. Government of Ireland [2022] IESC 44 is a landmark decision of the Supreme Court of Ireland in which it held that Irish law precludes the ratification of the Comprehensive Economic and Trade Agreement, an agreement signed between Canada and the European Union on 30 October 2016.
The case had been taken by Patrick Costello, a Green Party TD.
Patrick Costello challenged the constitutionality of ratification of the Comprehensive Economic and Trade Agreement (CETA) by the government of Ireland.
In September 2021, the Irish High Court rejected the challenge.[1][2]
The judge, Nuala Butler, found that CETA did not entail an unconstitutional transfer of the State's sovereignty. She also found that tribunals established by CETA would not have jurisdiction to declare any provision of Irish law invalid. In addition she found that it was constitutionally appropriate and permissible for the State to ratify the agreement without a referendum.[1]