Received
Decided 19 September 2023
Refused
Request Reference DOJ-FOI-2023-0591
Requester Type Other
Department of Justice, Home Affairs and Migration

1. Any record that indicates that the Minister has considered the implications of the supremacy of EU law over national law as laid down in Section 2 of the European Communities Act 1972, an enactment that was a prerequisite for our joining the EEC, and is also set out in Declaration 17 of The Lisbon Treaty “ in accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of Member States, under the conditions laid down by the said case law”? 2. Article 288 of the Treaty on the Functioning of the European Union (TFEU) (ex Article 249 TEC) states, - “To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. Any record to indicate that the Minister is aware of Regulation (EEC, EURATOM) No 1182/71 of the Council of 03 June 1971 and of its effect as stated in Article 288 of TFEU? 3. Any record that indicates that the Minister is aware of the conflict of the Interpretation Act with Regulation 1182/71 and that because of this conflict that the Interpretation Act is unconstitutional under Article 29.6 of the Constitution? 4. Any record that indicates that the Minister has considered the implications of the denial of rights to citizens arising from the conflict of the Interpretation Act with EU law and also the liability for that state that is growing from this denial of rights? 5. Any record that indicates that the Minister, who admits of uncertainty regarding periods of time, has considered the difficulty for the citizen in assessing their position when faced with decisions with deadlines?