Oireachtas Joint and Select Committees

Tuesday, 12 October 2021

Seanad Committee on the Withdrawal of the United Kingdom from the European Union

Dispute Resolution Mechanism: Discussion

Photo of Lisa ChambersLisa Chambers (Fianna Fail)
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Moving on to Article 16, Ms Collins very properly touched upon the conditions or the bar to be met in respect of invoking it. This aspect is perhaps sometimes not discussed in as much detail as it should be. A high bar must be met in this regard. How can it be decided whether one partner to the agreement has had serious economic, societal or environmental difficulty? Ultimately, if one side says that such difficulty has been experienced and the other side says it has not, does that question then move into the realm of the European Court of Justice, ECJ, for determination?