Oireachtas Joint and Select Committees

Wednesday, 9 July 2025

Joint Oireachtas Committee on Foreign Affairs and Trade

General Scheme of Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2025: Discussion (Resumed)

2:00 am

Professor Takis Tridimas:

I will make some brief comments before inviting my colleague, Professor Koutrakos, to intervene. The issue of the relationship between EU law and international law and the possible primacy of EU law over international law is not engaged here because there is no contradiction. First, EU law is bound by customary international law. That flows clearly from case law of the European Court of Justice, including a case called Racke. Second, EU law recognises the right to self-determination as a right which binds the European Union. That is in a case called Front Polisario. Third, the European Court of Justice has also held that EU law must be interpreted so as to comply with international law obligations. These are the three points I wished to make. Perhaps the Senator will allow Professor Koutrakos to comment too.

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