The appeal by Donegal TD Thomas Pringle against the High Court’s dismissal of his case against the recent EU Fiascal Treaty will be heard by the Supreme Court next Monday.
The seven judges will decide whether Ms Justice Mary Laffoy was right to find Ireland’s participation in the ESM did not impinge on its fiscal, budgetary or economic sovereignty in breach of the Constitution.
Deputy Pringle challenged the Fiscal Treaty, claiming that the European Stability Mechanism treaty breaches the Constitution and EU law.
In the High Court, Ms Justice Laffoy did indicate she wanted to refer a legal issue to the CJEU, the Court of Justice of the European Union. The wording of the legal issue will be decided later, and Deputy Pringle and his legal team say the determination of that legal question could have an impact on the effect and operation of the ESM treaty.
Mr Pringle’s application for a declaration that any purported ratification of the ESM treaty is invalid has been adjourned pending the CJEU ruling, while the Government has agreed not to ratify the treaty pending the Supreme Court appeal.
Ms Justice Mary Laffoy refused to grant an injunction restraining the Government from ratifying the treaty pending the CJEU decision, on grounds including that it was “impossible to predict the fallout” from such a restraint except to say it would probably be “extremely detrimental” to Ireland and the other members of the ESM.