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:
The European Council Decision constitutes an “act of the institutions” within the meaning of Article 267 TFEU. Assessment of its validity pursuant to that Article implies an evaluation of its conformity with primary norms, such as the Union Treaties, the Charter of Fundamental Rights and the General Principles of Union law. … The Charter of Fundamental Rights/General Principles of Union Law: the State contends that, in addition to its general observation that it is difficult to envisage circumstances in which a stability mechanism would violate human rights, in the particular context of the ESM Treaty, given the record of the Court of Justice in upholding human rights, the review role accorded to the Court of Justice would ensure that human rights are fully protected within the ESM legal order.