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Declaration of Incompatibility

  • 15-03-2006 8:08pm
    #1
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭


    If you were able to get a declaration of incompatibility in a court case how aggressive would the government be in Europe.

    Would they fight tooth and nail to stop you winning in Strasbourg.

    MM


Comments

  • #2
    padser
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    I reckon they would in most cases. For a couple of reasons, one being the loss of face that arises from the fact they got it wrong, also the broader the interpretation of EU law the narrower room they have to legislate at a national level.

    Afaik they found Norris pretty hard even though they were highly unlikely to ever win that one.


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,778 Admin ✭✭✭✭✭hullaballoo


    Can somebody explain what exactly a declaration of incompatibility is?


  • #4
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    That the constitution is not compatible with the European Convention on Human Rights. I don't know what the practical effect would really be though.

    Am I wrong on that? It doesn't sound right JESUS WHAT A HEADWRECKER.


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