LLX Roundtable on Irish Supreme Court’s Costello ruling
On Monday 24 April 2023, the Europa Institute held a hybrid Leiden Law Exchange (LLX) Roundtable to discuss the Irish Supreme Court’s Costello ruling on the government’s proposed ratification of the EU-Canada Economic and Trade Agreement (CETA).
In Costello, a majority of the Irish Supreme Court held that ratification of CETA would only be permissible if the legislature empowered the Irish courts to refuse enforcement of a CETA award where it materially compromises Irish constitutional identity, fundamental constitutional principles or EU obligations. This was the first time the notion of 'constitutional identity' was expressly used by the Irish Supreme Court.
The LLX Roundtable, organised by Sinéad Mulcahy, Vestert Borger and Armin Cuyvers, provided an opportunity for an exchange of views on the judgment between practitioners and academics. Three distinguished speakers provided presentations from their respective field of legal expertise. The first presentation was given by Justice John MacMenamin, former judge of the Irish Supreme Court who delivered judgment in the Costello case. Justice MacMenamin provided an insight into the constitutional context within which the case took place and the fundamental concerns contemplated by the Court. Professor Freya Baetens (Leiden University and University of Oxford) analysed elements of the majority reasoning from the perspective of international law. Professor Monica Claes (Maastricht University) considered the notion of constitutional identity in the European constitutional space. Afterwards, the floor was opened for discussion. The Roundtable was chaired by Sinéad Mulcahy.
