The Supreme Court has refused an application to temporarily restrain the State from ratifying, approving or accepting the European Stability Mechanism (ESM) Treaty while proceedings continue. It also referred questions of EU law to the Court of Justice and adjourned the appeal pending that court’s preliminary ruling.
Thomas Pringle appealed a High Court judgment delivered on 17 July 2012 and orders perfected the following day. The Supreme Court heard submissions urgently on whether the ESM Treaty required a constitutional referendum, whether questions about the treaty and a related European Council decision should be referred to the Court of Justice, and whether an interim injunction should issue.
On the constitutional issue, the Supreme Court said the treaty did not involve a transfer of sovereignty that would make it incompatible with the Constitution under the principles in *Crotty v An Taoiseach*. It said the treaty was an agreement to pursue a defined Government policy, rather than an impermissible transfer of executive powers. The court said it would deliver judgments on that issue at a later date.
The court decided to make a preliminary reference to the Court of Justice. The ruling says the questions are set out in an attached document, which is not included in the supplied source.
On interim relief, the Supreme Court was not satisfied that an injunction was appropriate. It said that if Pringle succeeded, that would be an adequate remedy. The court refused his application to restrain the State pending the final determination of proceedings. It said judgments on the constitutional issue and injunction application would follow later, and adjourned the appeal until the Court of Justice gives its preliminary ruling. Both parties were given liberty to apply.