Dáil Éireann Debate, Wednesday - 3 February 2021
570. Deputy Patrick Costello asked the Minister for Justice the details of the pending cases taken by the European Court of Justice against Ireland; and if she will itemise the daily fines pending or being currently levied. [5301/21]
Amharc ar fhreagraIn respect of matters which are the responsibility of the Department of Justice, the European Commission referred Ireland to the Court of Justice of the European Union (CJEU) in relation to two infringement cases on 3 December 2020.
These are in respect of:
- Council Framework Decision 2009/829/JHA on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention
- Council Framework Decision 2008/909/JHA of on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
In relation to Framework Decision 2009/829/JHA, the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 is the relevant transposing legislation and was signed into law on 26 November 2020. A commencement order was signed on 21 January 2021, appointing 5 February 2021 as the date it will come into effect. This will complete the transposition and the EU authorities will be notified accordingly.
In relation to Framework Decision 2008/909/JHA, the transposing legislation is the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill and drafting is ongoing with the Office of the Parliamentary Counsel. The Bill is on the Government priority list for publication in Spring 2021. On publication, it will be progressed as a priority.
In relation to the referrals to the CJEU, a court date is awaited and legal submissions will be made by Ireland. The Court has not ruled on the matter and no financial penalties have been imposed at this time.
