High Court action over EU migration pact not properly issued, judge finds

Proceedings seeking to delay Oireachtas vote until referendum is held ‘wholly without substance’, says counsel for clerks of Dáil and SeanadAn application seeking an injunction delaying the Dáil and Seanad from voting on measures contained in the EU pact on migration and asylum until a referendum takes place was not properly issued, a High Court judge has found.

When Ms McGurk’s action came before Mr Justice David Nolan last Wednesday the judge granted permission on an ex parte basis for the injunction application to return before the court on Friday morning.This was not the fault of the Court Service and it may not have been Ms McGurk’s fault either, the judge said, adding that he had made the matter returnable to Friday after it was impressed on him by Ms McGurk’s legal advisers that it was urgent.

They also argued that the matter, which they said will be opposed if reissued, was not urgent and should not be listed before the courts next week.

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