Courts / Dublin / Report
Full judgement: Stanislav Bederev Vs Ireland, the Attorney General and the DPP
Summary
A Court of Appeal judgment delivered on 10 March 2015 addressed the constitutionality of section 2(2) of the Misuse of Drugs Act 1977, which empowers the Government to declare substances as controlled drugs by order. The appellant, Stanislav Bederev, had been charged with drug offences relating to methylethcathinone at Blanchardstown District Court in April 2012. The substance was subsequently classified as a controlled drug via Government order in 2011, though it had previously been legally available for purchase. The High Court had rejected Bederev's challenge to the constitutionality of section 2(2) on grounds that it allegedly violated Article 15.2.1 of the Constitution concerning the exclusive legislative power of the Oireachtas. The case was transferred from the Supreme Court to the Court of Appeal following its establishment. District Court proceedings remained adjourned pending the appeal outcome.
Who, what, where, when and why
What: Report matter: Full judgement: Stanislav Bederev Vs Ireland, the Attorney General and the DPP. Procedural stage: appeal
When:
- March 2015 Hearing Or Sentence
- 14th May Hearing Or Sentence
- 29th October Hearing Or Sentence
- 26th April Incident
- 1947 to 1970 Other
- 1935 and 1937 Other
- 2015-03-10 Publication
Why: It has been submitted that, when the Pigs Marketing Board has constitutional power to fix the appointed price because they are directed to consider certain matters in determining it, as there is no schedule of topics to be considered by the Pigs Marketing Board in fixing the hypothetical price, they are in a position of legislators in that respect. CNI source report
Case subjects
Appellant
Outcome: I would pause here only to say that the reference to "directed by the Government" at the conclusion of that sentence should really be read as meaning as "directed by the Oireachtas." Hanna J. continued thus: "Now, what is the complaint here?; The District Court proceedings currently stand adjourned pending the outcome of this appeal. 4.
Places mentioned
- High Court
- Supreme Court
- Blanchardstown
- Blanchardstown District Court
- Act. The District Court
- Divisional High Court
- The Supreme Court
- Rotunda Hospital
Topics
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