Office of the Attorney General Annual Report 2009 Incorporating the
The Minister for Justice v Florin Gheorghe and the Minister for Justice v Violeta Corina Gheorghe
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- The Minister for Justice, Equality and Law Reform v Jaroslav Stankiewicz
- Mary Roche v Thomas Roche, Anthony Walsh, David Walsh and Sims Clinic Ltd (Defend-ants) and Attorney General (Notice Party)
- The Minister for Justice, Equality and Law Reform v Martin Stafford
- Judgments of the ECJ and CFI involving Ireland in 2009
- European Court of Human Rights (ECtHR) The case of A, B and C v Ireland
The Minister for Justice v Florin Gheorghe and the Minister for Justice v Violeta Corina Gheorghe Judgment delivered by Fennelly J (with Denham and MacMenamin JJ concurring) on 18/11/2009 Respondents challenged their surrender under a European Arrest Warrant to Romania in connection with their trial in absentia and sentences for "swindling concerning contracts".
Judgment delivered by Geoghegan J (with Denham and Finnegan JJ concuring) on 01/12/2009 Respondent challenged his surrender under a European Arrest Warrant to Poland in connection with serving a sentence from which Polish authorities claimed he fled.
Judgments delivered by Murray CJ, Denham, Hardiman, Geoghegan and Fennelly JJ on 15/12/2009 The Court considered whether embryos, frozen and stored in a clinic, are "unborn" for the purposes of Article 40.3.3° of the Constitution.
Judgment delivered by Denham J (with Hardiman and Finnegan JJ concurring) on 17/12/2009 This was an appeal from an order of the High Court ordering the surrender of the appellant to a United Kingdom judicial authority. Judgments of the ECJ and CFI involving Ireland in 2009 (Case C-301/06) Judgment of the Court (Grand Chamber) of 10 February 2009: Ireland v European Parliament and Council of the European Union (Action for annulment - Directive 2006/24/EC - Retention of data generated or processed in connection with the provision of electronic communications services - Choice of legal basis) (Case C 532/08) Judgment of the Court (Sixth Chamber) of 19 May 2009: Commission v Ireland (Failure of a Member State to fulfil obligations – Directive 2005/60/EC – Money laundering and terrorist financing – Failure to transpose within the period prescribed) (Case C 427/07) Judgment of the Court (Second Chamber) of 16 July 2009: Commission v Ireland (Failure of a Member State to fulfil obligations – Assessment of the effects of projects on the environment – Directive 85/337/EEC – Access to justice – Directive 2003/35/EC) (Case C 554/07) Judgment of the Court (Third Chamber) of 16 July 2009: Commission v Ireland (Failure of a Member State to fulfil obligations – Value added tax – Directive 2006/112/EC – Articles 2, 9 and 13 – Economic activity in which the State, local authorities and other bodies governed by public law engage – Exemption) (Case C 549/08) Judgment of the Court (Sixth Chamber) of 1 October 2009: Commission v Ireland (Failure of a Member State to fulfil obligations – Directive 2006/70/EC – Money laundering and terrorist financing – Failure to transpose within the period prescribed) (Case C-188/08) Judgment of the Court (Second Chamber) of 29 October 2009: Commission v Ireland (Failure of a Member State to fulfil obligations - Directive 75/442/EEC - Waste - Domestic waste waters discharged through septic tanks in the countryside - Waste not covered by other legislation - Failure to transpose) (Case C 202/09) Judgment of the Court (Eighth Chamber) of 26 November 2009: Commission v Ireland (Failure of a Member State to fulfil obligations – Directive 2006/24/EC – Electronic communications – Respect for private life – Retention of data generated or processed in connection with the provision of electronic communications services – Failure to transpose within the prescribed period) (Case C 89/08 P) Judgment of the Court (Grand Chamber) of 2 December 2009: Commission v Ireland (Appeal – State aid – Exemption from excise duty on mineral oils – Regulation (EC) No 659/1999 – Article 1(b)(v) – Failure to state reasons – Court acting of its own motion – Plea involving a matter of public policy raised by the Community judicature – Infringement of the rule that the parties should be heard – Scope of the obligation to state reasons) (Case C 455/08) Judgment of the Court (Second Chamber) of 23 December 2009: Commission v Ireland (Failure of a Member State to fulfil obligations – Directives 89/665/EEC and 92/13/EEC – Public supply and public works contracts – Review procedure against a contract award decision – Guarantee of effective review – Minimum period to be ensured between notification to the unsuccessful tenderers of the decision to award a contract and the signature of the contract concerned) European Court of Human Rights (ECtHR)
1 Targets set in the 2008 Output Statement were based on new files projected to be opened during the year 2 The 2008 Output Achieved statistics are based on work carried out by the Office on files irrespective of the year in which the file was created. 3 On Litigation Files advice was provided on the following legal areas: ECHR - 8
ECJ - 609 Extradition - 252 Judicial Review - 257 Judicial Review Asylum - 239 Ministerial Prosecutions - 62 Advice on Litigation Files included: Sensitive/Constitutional -152 Sensitive/General -163 4 Administrative resources are assigned to each Programme on an indicative basis only. Directory: pub pub -> Project Scoring Template Pre-Construction Phase New Core/Branch Campus Projects pub -> Acm word Template for sig site pub -> The german unification, 1815-1870 pub -> Baltic Olympiads in Informatics: Challenges for Training Together pub -> Preparation of Papers for ieee transactions on medical imaging pub -> Forthcoming meetings and conferences pub -> Asilomar Conference on Circuits, Systems & Computers, Pacific Grove, ca, November 1978, pp. 55 58 pub -> Forthcoming meetings and conferences pub -> Harmonised compatibility and sharing conditions for video pmse in the 7 9 ghz frequency band, taking into account radar use Download 0.98 Mb. Share with your friends:
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