HIGH COURT:A LEGAL action by Independent Donegal South West TD Thomas Pringle over the "far-reaching" effects of the May 31st referendum on the fiscal treaty will be heard by the High Court next month.
Mr Pringle claims the Government intends to use a Yes vote in the referendum to push through another treaty in relation to the European Stability Mechanism (ESM) and to change an existing treaty on the functioning of the EU itself, without putting these matters to a vote.
Mr Pringle contends the Government’s plans to ratify the treaty establishing the ESM and approve the related amendment to article 136 of the treaty for the functioning of the EU are unlawful.
He claims both these measures breach the Constitution and EU law.
While the TD’s court action will not affect the holding of the referendum, he says, if the court finds the ESM treaty is unlawful, there will be a question over the validity of any Yes vote in this month’s referendum.
In court yesterday, John Rogers SC, for Mr Pringle, said both sides had agreed on a timetable for an expedited hearing. The case, which is expected to last five days, was fixed for hearing on June 19th.
Mr Rogers told Mr Justice Roderick Murphy the High Court may find it necessary to make a reference of an issue to the European Court of Justice. The case will be mentioned before the court again on June 6th.
Mr Pringle wants the court to consider whether the ESM treaty is in breach of existing EU principles which have been approved in previous referendums.
He also wants the court to examine the legality of an amendment to an existing treaty which, he says, will be pushed through without a vote if the May 31st referendum is passed.
That matter relates to amendment of article 136 of the treaty on the functioning of the European Union, and Mr Pringle argues the court should look at this amendment before any further action is taken by Government to approve it.