Oireachtas Joint and Select Committees

Tuesday, 18 December 2012

Joint Oireachtas Committee on Environment, Culture and the Gaeltacht

Scrutiny of EU Legislative Proposals

2:30 pm

Mr. Philip Nugent:

I shall try. The Deputy is absolutely correct that we have a chequered history on the implementation of the environmental impact assessment directive. There is more than one ECJ decision against Ireland. A specific development constituted part of the C50/09 case. The decision of the court did not call into question the validity of consents given for any other projects. There is no question mark over any of those. Many of the other projects would have been the subject of appeals and judicial reviews. Part of the challenge would have been on the grounds that Ireland had not properly transposed Article 3. Those cases have wended their way through various courts. The ECJ decision did not call into question the validity of consents already given.

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