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Proposed Consent Laws breach EU Treaties?

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  • 27-07-2022 8:16pm
    #1
    spontindeed
    Registered Users Posts: 81 ✭✭


    Question: The Justice Minister's bill on 'Consent, knowledge and belief in rape cases' seems overly-broad. Doesn't this turn the "innocent until proven guilty" concept on its head? If so, besides petitioning the European Commission and European Parliament, is there any way to challenge the legality of this bill in the European Courts without having to be referred to the ECJ by an Irish Judge? The European Court of Human Rights (ECtHR) seems like the most obvious route?

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    #2
    jetz2003
    Registered Users Posts: 4 ✭jetz2003


    https://www.boards.ie/discussion/2058256411/proposed-consent-laws-breach-eu-treaties

    I know a European Lawyer based here and he specializes in EU Treaty law. He previously represented the European Commission during legal infringement proceedings against other EU member states. If you want, PM me to put you in touch with him. I am aware that the EU is concerned about this consent law, I myself brought it to their attention today. The European Court of Human Rights (ECtHR) has to be petitioned first before they agree to consider a case, and it has to on grounds of European Law. It cannot be used as a test case against the Irish law but rather as a breach of EU human rights law.

    The ECtHR has convicted the Irish State on several occasions and ordered the Irish Government to pay significant compensation.



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    #3
    BENDYBINN
    Registered Users Posts: 1,826 ✭✭✭BENDYBINN


    Any man with half a brain will stay well away from an intoxicated woman from now on.

    It's either drink or loving now ladies... You can't have both. Night clubs are doomed



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    #4
    Podge_irl
    Moderators, Sports Moderators Posts: 25,634 Mod ✭✭✭✭Podge_irl


    https://www.boards.ie/discussion/comment/119398494#Comment_119398494


    I'm deeply confused about whether this is supposed to be against EU law or against the European Convention on Human Rights, which is the only thing the ECtHR can rule on.



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