Is it possible to go over Ireland's head?

greyed

The blasphemy/sedition bill needs no introduction, is there a way to inquire on a european level whether this contravenes european law? Would this be a simple matter, or would it need to be in the form of a law suit? I am no legal expert, does european law have any relevance in this context, pre-charter of fundamental rights or even after? Who could I email, an MEP?

BlitzKrieg

I think it woud have to be via a case being taken to the european courts.

So until you get taken to court over it probably not.

greyed

I see, thanks. I think I'll still spam a few inboxes over it though.

ChocolateSauce

It can only go to European level if you've exhausted all methods of recourse at home, ie the Irish Supreme court.

Scofflaw

You could consult the EU's Citizen's Signpost service.

My own opinion, for what it's worth, is that no, you would have no basis for taking this to a European level, either with or without Lisbon and the Charter of Fundamental Rights. The blasphemy law is purely national law, and not in any way European in origin or scope.

The EU is not a guarantor of your rights with respect to your national government, even with the Charter. The Charter can only safeguard your rights within the scope of European law, and this is not European law.

The case would be different for something like the Data Retention law, because it is (now) an implementation of an EU Directive, and would therefore fall within the scope of the Charter if Lisbon is passed. It may, therefore, be amenable to challenger under the privacy provisions of the Charter. In its original form it would not have be open to such challenge.

cordially,
Scofflaw

Mario007

What you could do is turn to the Council of Europe. I know there was a piece of legislation in Slovakia that was very controversial and so the minister submitted it to the Council of Europe and to OSCE (Organization for Security and Co-operation in Europe) and the high commissioner reviewed the law and made some recommendations to it being changed. This can apply with the blasphemy legislation here in Ireland too...

greyed

Interesting, cheers for the input.

Iwasfrozen

If Lisbon is passed it will be possible to start a Citizens initiative.
Which is basically a massive petition you can submit to the Commission directly provided you get 1 million signatures.

Scofflaw

Iwasfrozen wrote: »

If Lisbon is passed it will be possible to start a Citizens initiative.
Which is basically a massive petition you can submit to the Commission directly provided you get 1 million signatures.

That's true, but unless the subject of the petition is something that is already an EU competence, the petition will be invalid.

cordially,
Scofflaw

Mario007

greyed wrote: »

Interesting, cheers for the input.

no problem and good luck

ei.sdraob

so does this bill mean that here in Ireland we can not run something like this on our buses?

http://i29.tinypic.com/2uf65qq.jpg

sceptre

ei.sdraob wrote: »

so does this bill mean that here in Ireland we can not run something like this on our buses?

http://i29.tinypic.com/2uf65qq.jpg

We probably could, it might be seen as both political and artistic, which would give it two exemptions.

Given the scope and requirements of the blasphemy clauses in the new Defamation Bill, I've actually been completely unable to come up with a scenario where a prosecution could be relied upon. So far I've got nothing. When I come up with something I'll probably do it, whatever it is, so here's hoping.

Scofflaw

sceptre wrote: »

We probably could, it might be seen as both political and artistic, which would give it two exemptions.

Given the scope and requirements of the blasphemy clauses in the new Defamation Bill, I've actually been completely unable to come up with a scenario where a prosecution could be relied upon. So far I've got nothing. When I come up with something I'll probably do it, whatever it is, so here's hoping.

Cartoon of the Prophet. As far as I can see, that's what the Bill is for.

cordially,
Scofflaw

Mario007

sceptre wrote: »

We probably could, it might be seen as both political and artistic, which would give it two exemptions.

Given the scope and requirements of the blasphemy clauses in the new Defamation Bill, I've actually been completely unable to come up with a scenario where a prosecution could be relied upon. So far I've got nothing. When I come up with something I'll probably do it, whatever it is, so here's hoping.

and thats exactly the reason ahern gave for the bill, just so there could be no scenario for abuse since the blasphemy is in the constitution