Oireachtas Joint and Select Committees

Wednesday, 15 February 2017

Joint Oireachtas Committee on the Future Funding of Domestic Water Services

Role of Regulators and Compliance with European Law: Discussion

1:30 pm

Mr. Aurel Ciobanu-Dordea:

I thank the Deputy for his very elaborate set of questions. In response to the contributions of Mr. Bradley and Deputy Eoin Ó Broin - I also said this at the beginning of my contribution - we should go beyond the legal discussion. This is not just a legalistic issue between attorneys and lawyers; it is about much more than that. I am not trying to relativise the objectivity of law and the rules, but it is more than just a discussion about what is meant by established practice. I hope my remarks will not be deemed inappropriate, but we must think about the international custom, a concept lawyers understand well. Let us say we have a rule that has been applied for a long number of years and we have behaviour that has been repeated for a long number of years until it becomes a rule and it is considered to be a consequence of application. If an actor or player intervenes and changes the rules, this changes the established practice. One has it until one changes the practice. One can then no longer claim the international customary law and-----

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