Key facts of the case:
The plaintiff is a citizen of Ireland and a member of Dáil Éireann, one of the Houses of the Oireachtas, the national parliament. The plaintiff opposed participation by Ireland in the ESM Treaty. The plaintiff commenced legal proceedings in the High Court of Ireland claiming:
86. The plaintiff alleges that the ESM Treaty breaches the principle of effective judicial protection and Article 47 of the Charter. In replying to a request by the defendants to particularise the “constitutionally entrenched principles” of the TFEU which the plaintiff alleges would be violated by “ratification” of the ESM Treaty, the plaintiff enumerated the general principle of effective judicial protection and the right to an effective remedy as provided in Article 47 of the Charter.
89. Whether or not the plaintiff does have locus standi to pursue the allegation that the ESM Treaty infringes Article 47 of the Charter, on which I do not consider it necessary to express a view, the assertion that the ESM Treaty does infringe Article 47 is, in my view, unsustainable. On the basis of the various arguments put forward by the defendants, I am satisfied that the plaintiff has not established that there is incompatibility between the ESM Treaty and Article 47.