Oireachtas Joint and Select Committees

Thursday, 12 June 2025

Committee on Defence and National Security

General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed)

2:00 am

Dr. Karen Devine:

No, not at all. There never is a slam dunk in any court. I teach courses in EU politics and have looked at a number of court cases. The Pringle case is a classic example of where the European Court of Justice, and I am quoting textbooks in this regard, is an activist and politically motivated court. It is unusual in that respect because it has the job of promoting European integration and has stated that itself. There have been cases, and the Pringle case is an example, whereby the Court of Justice decided that monetary policy was not a part of the economic and monetary union, EMU. On that basis, it stated that Thomas Pringle's case would fall. It is not tenable or logical. No court case is ever a slam dunk, but particularly at EU level.

On the Vienna Convention, many states have taken cases. It relates to coercion. There are three main types of cases, some of which have been successful. As I said, the President of Ireland and his Council of State might need to look at the nuts and bolts of finalising any legislation to abolish the triple lock that is put through on a Government majority. I hope that answers the Deputy's question.

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