tag:blogger.com,1999:blog-8704899696538705849.post7239559804613373012..comments2024-03-28T02:32:17.979-07:00Comments on EU Law Analysis: EU/Canada free trade and the Irish constitution: Costello v The Government of Ireland and Ors [2022] IESC 44 - Case CommentSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8704899696538705849.post-16918635699146856262023-01-30T06:12:59.395-08:002023-01-30T06:12:59.395-08:00This comment has been removed by a blog administrator.cameronhttps://www.blogger.com/profile/16700682194198692121noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-24854782096057739882023-01-22T15:00:32.413-08:002023-01-22T15:00:32.413-08:00The discussion could in all likelihood be enriched...The discussion could in all likelihood be enriched by taking into account also the Council of Europe dimension and in particular that of the European Convention on Human Rights. The Convention contains numerous requirements of relevance for the good functioning of a market economy respectful of human rights, rule of law and democracy, with important implications for market efficiency, the scope of transitional arrangements, and business' environmental and social responsibilities and, not least, the quality and efficiency of dispute resolution mechanisms. The EC/EU have since the early 1970's pledged allegiance to the Convention. The Charter of Fundamental Rights is based on this allegiance. A CETA decision, even if backed by certain EU rules, would thus not be able to impose itself against the Convention as this would seriously challenge the existing fundaments of European unification and democratic security. Indeed, if a decision by a CETA Tribunal would be found to violate a Convention right, remedial action, including necessary legislative and other measures, would have to be taken by the State concerned under the inspiration and supervision of the Committee of Ministers of the Council of Europe. All problems revealed by the judgemnt would have to be solved in a Convention conform manner. It goes without saying that this implies also a duty on States to be proactive and not just act in response to European Court judgments.<br />Indeed, the Committee has repeatedly stressed this duty to be proactive and stated that respect of the Convention is a condition for membership in the Council of Europe. The above appears highly pertinent for the present problems and goes a long way to boost the legitimacy of the constitutional objection discussed in the Supreme Court. The Primacy of EU law cannot do away with the protection afforded by the Convention. This old wisdom has not lost any of its pertinence. The Convention is also today an instrument dearly needed to bolster European unity and this in particular so in the new geopolitical environment. Indeed, it plays a huge role in ensuring that EU states and candidate states and other associated states maintain a common understanding and observance of democracy, rule of law and respect for human rights. For the period 2015-2020 the Convention system ensured, for example, the adoption of over a thousand, legislative, also constitutional, case-law and other general changes in the countries of the EU sphere - and a few hundreds in respect of states outside of this sphere helping them to maintain close ties with the Union. Even the 2021 economic cooperation treaty between the EU and the UK is conditioned on respect for the Convention.<br />FREDRIK SUNDBERGnoreply@blogger.com