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24/09/2021

Pringle challenge referred to European Court of Justice

Donegal SW TD Thomas Pringle has said he is “extremely pleased” that the Supreme Court has today decided to refer three questions to the European Court of Justice on the validity of the ESM Treaty.

Donegal SW TD Thomas Pringle has said he is “extremely pleased” that the Supreme Court has today decided to refer three questions to the European Court of Justice on the validity of the ESM Treaty.

The Independent TD said: “I commenced this action because I was very concerned about the legality of the ESM under Irish and European law and I am extremely pleased that the Supreme Court has agreed with my concerns and decided to refer three questions on the ESM to the court of justice for adjudication.

“In doing this, I have achieved what I set out to do in having this Treaty considered in all its implications and tested against our constitution and the EU Treaties.”

The Supreme Court is asking the ECJ to consider three issues: 1) Is the EU Council decision of March 25th 2011 to amend article 136 of the TFEU valid and does it violate treaty or EU law principles? 2) If the decision of March 25th 2011 is valid is a member state entitled to join the ESM before the decision comes into force? 3) Is the terms and operation of the ESM Treaty compatible with the principles and provisions of the EU Treaties?

The court has now adjourned the case pending the outcome of the reference.

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