::: The European Court of Human Rights, Strasbourg
May 29, 2013
Deputy John Deasy asked the Tánaiste and Minister for Foreign Affairs and Trade the number of decisions handed down by the European Court of Human Rights specifically referring to rulings of the Irish Supreme Court since joining the European Union; and the specific regulatory or legislative action taken by Ireland as a result of each decision.
Reply from Tánaiste Eamon Gilmore: I have understood the Deputy’s question to relate to judgments and decisions of the European Court of Human Rights concerning Ireland. The European Court of Human Rights issues judgments and decisions relating to the European Convention on Human Rights. The Court and Convention operate within the framework of the Council of Europe rather than the European Union, but it is hoped that the EU will shortly accede to the Convention. Ireland signed the Convention on 4 November 1950 and ratified it on 25 February 1953.
I have annexed a list of the 45 judgments and decisions of the European Court of Human Rights which refer to rulings of the Irish Supreme Court. In 20 of these cases, the Court did not find a violation of the Convention and 7 others were settled.
There are 18 judgments of the European Court of Human Rights finding a violation of the Convention with respect to one or more aspects of the application which refer to rulings of the Irish Supreme Court.
Domestically, implementation of Court judgments is primarily a matter for the lead Minister to take forward but I have endeavoured to provide the Deputy with information on steps taken to implement judgments against the State.
The implementation of judgments of the European Court of Human Rights is supervised by the Committee of Ministers of the Council of Europe.
In relation to pending judgments against the State, information on their current status (including information submitted by the State) is available on the website of the Department of Execution of Judgments of the European Court of Human Rights at: www.coe.int/t/dghl/monitoring/execution/default_EN.asp
Committee of Ministers’ Resolutions terminating its supervision of judgments which have been fully implemented and setting out the steps taken to implement the judgment are available via the HUDOC database located on the website of the European Court of Human Rights at: www.echr.coe.int/Pages/home.aspx?p=caselaw/HUDOC&c=#n1355308215921_pointer
List of judgments and decisions of the European Court of Human Rights referring to rulings of the Irish Supreme Court:
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