Oireachtas Joint and Select Committees

Thursday, 3 July 2014

Joint Oireachtas Committee on European Union Affairs

Scrutiny of EU Legislative Proposals

3:05 pm

Mr. Emmanuel Crabit:

The rule-of-law element could intervene in the functioning of the Supreme Court, which could apply all of this EU acquisof fundamental rights and national guarantees because all of these issues are also subject to the national fundamental rights system. The triggering point for the framework will not be the immigration matter or this racism matter.

It would be more concerned with our being in a situation in which the role of the Supreme Court, in dealing with this matter, were suddenly reformed in a manner that put at risk the effectiveness of all these national rule of law standards. I refer to where the national courts can no longer intervene because their powers are limited. The rule of law element is the focus of the framework but the substantive matter of migration, anti-discrimination and racism policy is more a matter of using the relevant power to ensure the acquis in this matter is fully applied by the member states. The rule of law framework will protect the national rule of law mechanism standards.

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