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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:

  1. That participation by the Irish government on behalf of the State in the adoption and proposed ratification of the ESM Treaty was contrary to the Constitution of Ireland and involved a delegation of the sovereignty of the State and an excessive exercise by the government of its executive powers in conducting the external relations of the State (the “sovereignty claim”);
  2. That by adopting the ESM Treaty, Ireland would undertake obligations which would be in contravention of provisions of the TEU and the TFEU concerning Economic and Monetary policy and would directly encroach on the exclusive competences of the Union in the matter of the euro and related policies (the “ESM Treaty claim”);
  3. That the European Council Decision was not lawfully adopted pursuant to the simplified revision procedures provided by Article 48(6) TEU because it entailed an alteration of the competences of the Union contrary to the third paragraph of Article 48(6) TEU; and that the European Council Decision was inconsistent with provisions of the Treaties concerning economic and monetary union and general principles of the law of the European Union, in particular the principle of legal certainty (the “European Council Decision” claim).