Friends' Work

// Galway By-Pass - Supreme Court decision to end ‘cosy practice'?

FIE has welcomed the first Supreme Court referral to the European Court of Justice to determine the future of the Galway By-Pass. At issue is what is meant by "adverse impact" on the "integrity" of a protected site and particularly to define what is meant by "integrity". We hope the reference marks the end of the Irish courts' cosy practice of deciding that the correct interpretation of a relevant point of EU law before them is obvious so that it is unnecessary to refer the relevant question of interpretation to the ECJ - which is typically much more pro-environment than the Irish courts.

PRESS RELEASE
FRIENDS OF THE IRISH ENVIRONMENT
4 June 2010

Galway By-Pass - Supreme Court decision to end ‘cosy practice'?

The environmental lobby group Friends of the Irish Environment welcomed yesterday's decision of the Supreme Court to refer An Bord Pleanála's approval for the €317 million Galway city outer bypass road to the European Court of Justice.

‘This first reference of an Irish environmental case to the European Court has the potential to greatly strengthen environmental protection in Ireland'.

The purpose of the preliminary reference procedure is to allow national courts to ask the European Court of Justice for a definitive interpretation of tricky points of EU law. The ECJ is asked to give a ruling on the correct interpretation of the point of EU law at issue. The case then reverts to the national court to be decided in light of the ECJ's interpretation.

At issue is what is meant by "adverse impact" on the "integrity" of a protected site and particularly to define what is meant by "integrity".

We hope this reference marks the end of the Irish courts' cosy practice of deciding that the correct interpretation of a relevant point of EU law before them is obvious so that it is unnecessary to refer the relevant question of interpretation to the ECJ - which is typically much more pro-environment than the Irish courts.

Credit: spokesman
Verification and comment: Tony Lowes / 087 2176316 / 027 74771

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