Judge queries Irish courts’ engagement with European human rights convention

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Judge queries Irish courts’ engagement with European human rights convention
European-Court-Of-Human-RightsSiofra-O-Leary
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Irish courts ‘will not creatively extend or amend existing legislation’, says Ms Justice Síofra O’Leary

Chief Justice Donal O’Donnell, Minister for Justice Helen McEntee, District Court president Judge Paul Kelly, Court of Justice of the EU president Koen Lenaerts and European Court of Human Rights president Síofra O’Leary. Photograph: Nick Bradshaw for The Irish Times

Ms Justice O’Leary, the outgoing president of the ECtHR, was addressing an audience including senior Irish and international judges at a special commemorative ceremony in the Four Courts marking the centenary of the establishment of Ireland’s independent courts system. As part of the new constitutional settlement stemming from the Belfast Agreement, the convention was incorporated subject to very deliberate terms set out in a 2003 Act.

While the convention is an international treaty to which Ireland is a signatory, neither the convention nor the judgments of the ECtHR benefit, unlike EU law, from direct effect, said Ms Justice O’Leary.

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