Challenge the Unlawfulnes and Illegality and unConstitutional nature of the EU Migration Pact, 2024 in the High Court and Supreme Court and European Courts and International Courts
1. Does the Irish government and/or Dail Eireann have the power to transfer the Constitutional powers, duties and obligations of the Executive and the Legislative in articles 15 to 28 of the Irish Constitution on matters of immigration into Ireland, Irish national security, law and order in Ireland and threats to Irish families and communities as defined in article 41 of the Irish Constitution to a foreign power ? The answer is NO. The Irish Constitution lays down and specifes the Constitutional powers, duties and obligations of the Executive and the Legislative in articles 15 to 28 of the Constitution. There is NO provision in the Irish Constitution to transfer the Constitutional powers, duties and obligations of the Executive and the Legislative in the aforesaid matters to a foreign power. The EU Migration Pact is doing this and is a direct breach of articles 15 to 28 of the Irish Constitution. In summary, these important Constitutional powers have been usurped and given to a foreign power.
There is also a breach of article 5 of the Irish Constitution in respect of the loss of Irish national sovereignty. If a nation cannot control its own borders and who comes in and who goes out, then it has no borders and it has no national sovereignty.
The Asylum and Migration Management Regulation (AMMR), one of the five legislative files that constitute the Pact, would override Ireland's sovereignty as enshrined in Articles 6.1 and 15.2.1 of the Constitution of Ireland, by surrendering power to the EU Commission to determine how many relocated asylum seekers from countries under "migratory pressure" Ireland must receive, and the minimum level of financial contributions per asylum seeker our taxpayers must pay. The AMMR currently mandates an annual distribution of a minimum of 30,000 asylum seekers throughout the bloc, with member states obligated to pay a minimum compensation of €20,000 for each rejected migrant, and the power to increase these numbers and costs at any point lies solely with the EU. The formula used for the distribution of relocated asylum seeker applications under Article 44R of the AMMR means that Ireland will be required to accept more relocated asylum seekers than most other EU member states because of our overinflated gross domestic product as a result of the presence of the multinational sector.
There is no provision for mandatory deportations and no penalties for refusing to enforce deportations in the EU Migration Pact. There is no provision for stopping the flooding and swarming of EU nations with non EU migrants and the proliferation of 'tent cities' in Ireland and around Europe. There is no provision for funding the housing and upkeep of vast numbers of migrants by countries which are overwhlemed by mass migration in financial terms, economic terms, in criminal and policing terms, in housing and homeless terms, in hospital and healthcare terms, in educational terms, and in social terms. There is no provision for resolving and ending the homeless crisis in Ireland and other EU nations. There is no provision for protecting the national security of Ireland and other EU nations in view of the fact that migration has led to a significant increase in crime, with Sweden being the best case study, see https://migrant-crime.org/sweden.htm
and there are thousands of terrorist cells of foreign origin operating in EU countries. They intend to carry out more terrorist attacks in EU countries and the EU Migration Pact and the previous failed immigration policies are adding numbers to these terrorist cells and worsening this threat. The EU Migration Pact directly attacks the national security of Ireland and other EU nations. Nations are being pushed into national bankruptcy by this mass migration and open borders promoted by the EU Migration Pact. The loss of Executive and Legislative powers in Ireland in these severe circumstances is very serious, and is a very significant breach of the Irish Constitution.
This is a breach of article of 28.2 of the Irish Constitution as the government or Executive cannot act outside the Consttitution or in breach of it.
'2 The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.'
There is also a breach of article 39 of the Irish Constitution here as no living men and women acting as government Ministers and TD's and Senators have the power to transfer the aforesaid Constitutional powers to a foreign power and undermine and destroy Irish national sovereignty and Irish naitonal security in the process, making Ireland a vassal state of a foreign power. Furthermore, no living men and women acting as government Ministers and TD's and Senators have the power to undermine, invalidate and make void the Irish Constitution. This makes the EU Migration Pact unlawful, illegal and unConstitutional.
This transfer of the national sovereignty of Ireland to a foreign entity is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter and Supreme Court cases. This breach is not protected by article 29 of the Irish Constitution.
2. Does the Irish government and/or Dail Eireann have the power to transfer the powers conferred to the Irish people in article 6 of the Irish Constitution to a foreign power ? The answer is NO. The EU Migration Pact is doing this and is a direct breach of article 6 of the Irish Constitution.
At the very least there should be a Constitutional Referendum to ratify or not ratify EU Migration Pact so that the people of Ireland under article 6 of the Irish Constittution can make the decision. This has not been done.
There is also a breach of article 39 of the Irish Constitution here as no living men and women acting as government Ministers and TD's and Senators have the power to transfer the aforesaid Constitutional powers to a foreign power and undermine and destroy the sovereignty of the Irish people under article 6 of the Constitution and destroy Irish national sovereignty in the process, making Ireland a vassal state of a foreign power. Furthermore, no living men and women acting as government Ministers and TD's and Senators have the power to undermine, invalidate and make void the Irish Constitution. This makes the EU Migration Pact unlawful, illegal and unConstitutional..
This transfer of Constitutional power to a foreign entity is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter and Supreme Court cases. This breach is not protected by article 29 of the Irish Constitution.
3. Does the Irish government and/or Dail Eireann have the power to breach the article 41 rights of Irish families and articles 40 to 44 rights of living Irish men, women and children who were victims of crimes by migrants let into Ireland by the government ? Does the Irish government have the Constitutional power and legal power to breach the safeguarding of Irish children, and of Irish women and the elderly who were victuims of the aforesaid crimes and will be the victims of these crimes under the EU Migration Pact ? The answer is NO. The EU Migration Pact attempts to do this.
The EU Migration Pact breaches article 41 of the Irish Constitution which protects the "inalienable and imprescriptible rights, antecedent and superior to all positive law" of Irish families. The facts and evidence concerning crime figures supplied by the gardai, the courts, the legal system, the CSO and other statistical bodies and by crime victims shows that unlimited mass migration has led to a significant rise in crimes. Some of this has been compiled on https://migrant-crime.org/ . There have been attempts by government bodies to suppress this information and indeed cover it up for political corectness reasons. Crime is out of control in several areas of Ireland. Several “multicultural” areas of cities and towns such as Dublin, Cork, Galway, Limerick, Waterford, Drogheda, Dundalk and several towns are known as high crime areas or "no go areas" where there is significant anti social behaviour, gangs involved in intimidation, threats and assaults, and illegal drugs are openly dealt. Crime is out of control in these areas and the gardai are overwhelmed.The EU Migration Pact will worsen this problem.
The main viictims of these crimes are women, children and the elderly, the most vulnerable people in Irish society, most of whom are members of Irish families. The EU Migration Pact will worsen this situation and lead to further breaches of article 41 of the Irish Constitution and further breaches of the fundamental rights and unenumerated rights of the Irish people under articles 40 to 44 of the Irish Constitution. These breaches of the aforesaid Constittutional rights of Irish people living in “multicultural” areas of cities and towns such as Dublin, Cork, Galway, Limerick, Waterford, Drogheda, Dundalk and several other towns with high crime rates or "no go areas" are serious and should NOT be further breached via the EU Migration Pact.
There is a breach of article 39 of the Irish Constitution here as no living men and women acting as government Ministers and TD's and Senators have the power to breach the aforesaid Constitutional rights under articles 41 and 40 to 44 of the Irish Constitution, so as to satisfy and appease a foreign power and undermine and destroy Irish national sovereignty in the process, making Ireland a vassal state of a foreign power. Furthermore, no living men and women acting as government Ministers and TD's and Senators have the power to undermine, invalidate and make void the Irish Constitution. This makes the EU Migration Pact unlawful, illegal and unConstitutional.
This transfer of the national sovereignty of Ireland to a foreign entity is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter and Supreme Court cases. This breach is not protected by article 29 of the Irish Constitution.
4. The unlimited mass migration into Ireland is unprecedented in Irish history, and it has radically changed the population composition and demographics of Irish society, and affected law and order and the rule of law in Ireland, and affected communities all over Ireland. It has overwhemled the gardai, the courts, the legal system, housing, hospitals, etc. The nearest equivalent were foreign invasions of Ireland in past centuries. Article 28.3.2 of the Irish Constitution provides for these type of circmstances
' 2° In the case of actual invasion, however, the Government may take whatever steps they may consider necessary for the protection of the State, and Dáil Éireann if not sitting shall be summoned to meet at the earliest practicable date.'
This unlimited mass migration of migrants into Ireland over the last 10 years such that (i) 1 in 5 people now have a foreign migrant background (ii) tent cities have sprung up all over Dublin city in 2023 and 2024 as Ireland was and is flooded with migrants including those fleeing Britain so as to avoid being processed in Rwanda under the British immigration system. And IPAS centres, hotels, guesthouses and hostels are full and overflowing with migrants. Vast numbers of migrants are coming to Ireland to shop for a better immigration deal in Ireland. This is a breach of the Dublin Regulations and an abuse of the immigration process and national laws and international laws. (iii) Ireland's intake of migrants is the highest per capita in the EU and one of the highest in the world. And Ireland has experienced the biggest change in migrant percentage of population demographics in Europe since 2012. (iv) long queues and waiting times for GP's and hospital appointments and for school placements due to a massive increase in migrants and people demanding these services
represents an invasion of Ireland as understood in dictionary definitions of the word "invasion". The EU Migration Pact will ensure that Ireland is swarmed and flooded by more migrants and lead to a continuation of the tent cities in Dublin and around Ireland and the pressures on accomodation and homelessness in Ireland will worsen and intensify.
The facts and evidence concerning crime figures supplied by the gardai, the courts, the legal system, the CSO and other statistical bodies and by crime victims shows that unlimited mass migration has led to a significant rise in crimes. Some of this has been compiled on https://migrant-crime.org/ . There have been attempts by government bodies to suppress this information and indeed cover it up for political corectness reasons. Crime is out of control in several areas of Ireland. Several “multicultural” areas of cities and towns such as Dublin, Cork, Galway, Limerick, Waterford, Drogheda, Dundalk and several towns are known as high crime areas or "no go areas" where there is significant anti social behaviour, gangs involved in intimidation, threats and assaults, and illegal drugs are openly dealt. Crime is out of control in these areas and the gardai are overwhelmed.The EU Migration Pact will worsen this problem.
Furthermore, the EU Migration Pact will be used to further undermine and breach the Irish Constitution by giving non citizens a right to vote in Irish elections which led to migrants many of them undocumented and with no identification papers and illegally in Ireland being bussed to voting stations to vote for a particular candidate in the local elections of 2024. Such candidates being strong supporters of this mass migration and open borders. This was and is an abuse of the elections and electoral process in Ireland. This was and is an attack on Irish democracy and the Irish Constitution.
There is a breach of article 39 of the Irish Constitution here as no living men and women acting as government Ministers and TD's and Senators have the power to breach the aforesaid Constitutional duties under article 28.3.2 of the Irish Constitution, so as to satisfy and appease a foreign power and undermine and destroy Irish national sovereignty in the process, making Ireland a vassal state of a foreign power. If a nation cannot control its own borders and who comes in and who goes out, then it has no borders and it has no national sovereignty. This is also a breach of article 5 of the Irish Constitution in respect of the loss of Irish national sovereignty.
No living men and women acting as government Ministers and TD's and Senators have the power to undermine, invalidate and make void Irish national sovereignty as defined in the Irish Constitution and in international laws. Furthermore, no living men and women acting as government Ministers and TD's and Senators have the power to undermine, invalidate and make void the Irish Constitution. This makes the EU Migration Pact unlawful, illegal and unConstitutional.
This transfer of Constitutional power to a foreign entity and breaches of the Irish Constitution is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter and Supreme Court cases. This breach is not protected by article 29 of the Irish Constitution.
5. For Ireland to legally opt-into the obligations contained in the regulatory framework underpinning the Pact, the matter has to be the subject of independent decisions by Resolution separately taken by each House of the Oireachtas under Article 29 of the Constitution. This was not done as the Government forced this Pact through with no proper scrutiny or public debate, which only serves to undermine our democracy and Constitution.
This breach of the Irish Constitution is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter and Supreme Court cases. This breach is not protected by article 29 of the Irish Constitution.
6. The Crotty precedent set in the Supreme Court in 1987 applies here. The EU Migration Pact is a significant change to European Union treaties as it amends, revokes and significantly changes prior EU treaties and agreements and this requires an amendment to the Irish Constitution before it can be ratified by Ireland. It removes Ireland's opt ins (and opt outs) under the Amsterdam treaty and Lisbon treaty and undermines and invalidates the Dublin Regulations. This means the EU Migration Pact breaches the Amsterdam Treaty and the Lisbon treaty in respect of Ireland's right to opt in or out, and breaches the Dublin Regulations in Ireland's case.
This means a Constitutional Referendum is necessary in Ireland to ratify or not ratify the EU Migration Pact. Membership of the European Union formerly the EEC was not and is not predicated on the acceptance of unlimited numbers of non EU migrants
such that it places unsustainable financial, economic, social, housing, criminal, law and order burdens and pressures on individual nations and undermines their national security and their law and order and rule of law and their financial stability.
I point out that the national security of nations within the EU takes top priority in legal terms, lawful terms, Constitutional terms, military and policing terms, and EU membership terms. The EU Migration Pact is a serious threat to Irish national security and the national security of nations in the EU and to the EU itself. The EU and Ireland and nations wthin the EU need to be mindful of the terrorist attacks inside EU nations which were of foreign origin and the existence of thousands of terrorist cells of foreign origin intent on future terrorist attacks in EU nations and the impact of foreign migration in worsening this, and the well documented crimes committed by some migrants in EU nations and the role that the EU Migration Pact will play in worsening this according to the evidence, and that the EU and EEC membership treaties did not make provision for increasing this terrorist threat and criminal threat, did not authorise this terrorist threat and criminal threat, did not approve this terrorist threat and criminal threat, and this was NOT within the scope and objectives of the EU and EC membership treaties and the Treaty of Rome, 1957. Scope and objectives are important erms here and I quote the Learned Judge Finlay CJ in the cas eof Crotty VS An Taaoiseach, 1987 in the Supreme Court
'It is the opinion of the Court that the first sentence in Article 29, s. 4, sub-s. 3 of the Constitution must be construed as an authorisation given to the State not only to join the Communities as they stood in 1973, but also to join in amendments of the Treaties so long as such amendments do not alter the essential scope or objectives of the Communities.'
The EU Migration Pact radically changes the essential scope and objectives of the Communities and the terms of EU and EEC membership and the treaty of Rome 1957 in the following ways:
(i) it will worsen the terrorist threat in EU nations and against the EU itself as stated above. The EU Migration Pact directly attacks the national security of Ireland and other EU nations. There is no provision for protecting the national security of Ireland and other EU nations in view of the fact that mass migration has led to a significant increase in terrorism, terrorist cells and the terrorist threat, with Sweden being the best case study, see https://migrant-crime.org/sweden.htm and corroborating evidence on https://www.migrant-crime.org/database1.htm and https://www.migrant-crime.org/database2.htm
The EU Migration Pact does nothing to promote peace and security in Europe and in fact promotes the opposite. This is a clear breach of article 29.4.4 of the Irish Constitution
'Ireland affirms its commitment to the European Union within which the member states of that Union work together to promote peace, shared values and the well-being of their peoples'
The EU Migration Pact places the Irish people and nation in danger and is a breach of article 39 of the Irish Constitution, and the Treason Act 1939 and the Offences against the State Act 1939 – 1998. This breach of the Constitution and laws is such a fundamental breach of the Irish Constitution that it necessitates a referendum on the matter. This breach is not protected by article 29 of the irish Constitution.
(ii) it will worsen the
threat from crime, criminals, and criminal gangs in EU nations and against the EU itself as stated above. The facts and evidence show that mass migration has led to a significant increase in crime, with Sweden being the best case study, see https://migrant-crime.org/sweden.htm and corroborating evidence on https://www.migrant-crime.org/database1.htm and https://www.migrant-crime.org/database2.htm
This is a seperate and additional breach of Irish national security.
Norway had to introduce anti rape courses for migrants, but Ireland and most EU nations and Britain have failed to do this or refused to do this. And The EU Migration Pact makes no provision for this. Source: Norwegian government and press and media reports, see https://www.google.com/search?q=norway+anti+rape+programs
The EU Migration Pact does nothing to promote peace and security in Europe and in fact promotes the opposite. This is a clear breach of article 29.4.4 of the Irish Constitution
'Ireland affirms its commitment to the European Union within which the member states of that Union work together to promote peace, shared values and the well-being of their peoples'
The EU Migration Pact places the Irish people and nation in danger and is a breach of article 39 of the Irish Constitution, and the Treason Act 1939 and the Offences against the State Act 1939 – 1998. This breach of the Constitution and laws is such a fundamental breach of the Irish Constitution that it necessitates a referendum on the matter. This breach is not protected by article 29 of the irish Constitution.
(iii) it removes control over the borders of nations and immigration policies from national governments and gives it to an EU body. And this removes the national sovereignty of nations. And while doing so it attacks the national security of nations as stated above. This loss of national sovereignty is detailed in Point 1 above.
This transfer of the national sovereignty of Ireland to a foreign entity is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter. This breach is not protected by article 29 of the Irish Constitution.
(iv) the transfer of the article 6 rights of the Irish people to a foreign entity is such a fundamental breach of the Irish Constitution that it necessitates a referendum on the matter. This breach is not protected by article 29 of the irish Constitution.
(v) The Irish state does not have the personnel and resources and infrastructure to process the projected 25,000 to 30,000 new IPAS people and migrants coming in to Ireland every year under the EU Migration Pact according Minister O'Gorman and government sources. This will cause more backlogs, longer waiting times, more chaos for the already over-burdened immigration processing system in Ireland. The 12 week deadline set by the EU Migration Pact cannot be met and will not be met. This will have disastrous consequences for ipas applicants, migrants, Ireland, the Irish people and Irish society.
I refer to the speech of Senator Michael McDowell in the Irish Senate about this at https://www.youtube.com/watch?v=8enLcOgmNY4
(vi) it provides for mass migration into Ireland and other EU nations and the destruction of their national cultures. A cultural genocide. Ireland's intake of migrants is the highest per capita in the EU and one of the highest in the world. And Ireland has experienced the biggest change in migrant percentage of population demographics in Europe since 2012.
This destruction of Irish culture is such a fundamental breach of the Irish Constitution and most of it's articles that it necessitates a referendum on the matter. This breach is not protected by article 29 of the Irish Constitution.
(vii) it transfers the Constitutional powers of the Executive and Legislative in Ireland and other EU nations in the areas of immigration, freedom, security, justice, crime, housing, healthcare and hospitals, and national security to an EU body. In some of these areas this relates to flooding and swarming of this country with migrants and the causing of massive pressures on housing, healthcare and hospitals, education, etc.
This breach of articles 15 to 28 of the Irish Constitution is such a fundamental breach of the irish Constitution that it necessitates a referendum on the matter. This breach is not protected by article 29 of the Irish Constitution.
(viii) there is no provision for mandatory deportations and no penalties for refusing to enforce deportations in the EU Migration Pact. Goverment figures show over 80% of deportations are not enforced. The EU Migration Pact will lead to uncontrolled migration into Ireland and unlimited numbers of migrants entering Ireland and this will continue to be fuelled by the Rwanda immigration processing system put in place by the British government. Migrants being processed in Britain are being dumped into Ireland under the common travel area betwen Ireland and Britian
There is no provision in the EU Migration Pact for dealing with and/or stopping the flooding and swarming of EU nations with non EU migrants and the proliferation of 'tent cities' in Ireland and around Europe. There is no provision for EU funding or EU assistance in the housing and upkeep of vast numbers of migrants by countries which are overwhlemed by mass migration in financial terms, economic terms, in criminal and policing terms, in housing and homeless terms, in hospital and healthcare terms, in educational terms, and in social terms.
The EU Migration Pact indirectly amends and revokes the Amstrerdam Treaty protections for Ireland and invalidates the Dublin Regulations for Ireland and this has been done without a Referndum in Ireland. This is both a breach of the Irish Constitution and Ireland's terms of membership of the EU and EEC.
(ix) The EU Migration Pact does not distinguish between asylum seekers or refugees and economic migrants. The majority of migrants entering Ireland are economic migrants and they are not covered by international treaties and conventions about refuees and asylum seekers, yet they are being wrongly processed as refugees in Ireland. This breaches EU law and irish law and the Irish Constitution and is unlawful, illegal, invalid and is creating chaos and social and eocnomic disaster in Ireland. And is a breach of Ireland's terms of membership of the EU and EEC.
(x) there is no provision for resolving and ending the homeless crisis in Ireland and other EU nations has been wornsened by mass migration and which will be intensified by the mass migration encouraged by the EU Migration Pact.
This breach of articles 40 to 44 of the Irish Constitution is such a fundamental breach of the irish Constitution that it necessitates a referendum on the matter. This breach is not protected by article 29 of the Irish Constitution.
(xi) t does nothing to promote peace and security in Europe and outside Europe, and on a global level and in fact promotes the opposite. The EU parties and bodies and eurocrats involved in negotiating, agreeing and enforcing this EU Migration Pact have done nothing to bring peace and mutual security to the nations involved in war and conflict in the Ukraine, Russia, Palestine and Israel, Kashmir, Algeria, Syria, Benin. Burknino Faso, Cameroon, Chad, Ethiopia, Democratic Republic of Congo, Iraq, Libya, Myanmar, Colombia, Nigeria, Somalia, Sudan, and Yemen. In fact arms companies in Europe and politicians and political parties and eurocrats funded by these arms companies are playing a major role in continuing these wars around the world. Instead of building peace, tolerance, harmony and mutual security in these nations they are promoting the opposite, that being wars, conflicts and lucrative contracts for arms companies and gains for geo-political Globalists or "neo cons". These same politicians, political parties and eurocrats promoting, funding and supporting wars, conflicts , and refugees crises, are the architects and supporters and promoters of the EU Migration Pact.
This is a clear breach of article 29 of the Irish Constitution and of the membership treaties of the EEC and the EU and the Treaty of Rome, 1957 which were desinged to promote peace not war in the world.
(xii) nations are being pushed into national bankruptcy by this mass migration and open borders promoted by the EU Migration Pact. The loss of Executive and Legislative powers in Ireland in these severe circumstances is very serious, and is a very significant breach of the Irish Constitution and a breach of the membership treaties of the EEC and the EU and the Treaty of Rome, 1957.
(xiii) it breaches the Treaty on the Functioning of the European Union relating to the area of freedom, security and justice.
The EU Migration Pact radically changes the 'essential scope or objectives of the Communities', and radically changes the EU and EEC membership contract and the relationship of Ireland and all EU nations with the European Union and is in conflict with and breaches the membership treaties of the EEC and the EU and the Treaty of Rome, 1957. There is no provision for Points (i) to (xiii) above in the membership treaties of the EEC and the EU and the Treaty of Rome, 1957. And there is no provision for Points (i) to (xiii) above in the Irish Constitution, and no provision in article 29. There is a signifcant breach of article 29 of the Irish Constitution here. These legal, Constittutional, economic, social and cultural changes being enforced by the EU Migration Pact are having a profound effect on all EU nations completely changing their status as EU members and as nation states and as nations governed by laws and Constitutions and by a national Executive and Legislative. These breaches of the membership treaties of the EEC and the EU and the Treaty of Rome, 1957 are profound and deep and far reaching.
The breach of article of 28.2 of the Irish Constitution is very significiant here as the government or Executive cannot act outside the Consttitution or in breach of it.
'2 The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Government.'
This was affirmed in the precedent set by Crotty VS An Taoiseach 1987.
In another preceden of the courts, I refer to the sentence
"laws enacted, acts done, or measures adopted by the State necessiated by the obligations of membership of the Communities"
by Murphy J. in Lawlor VS Minister for Agriculture 1990, in the High Court in relation to the link between EU laws and national laws and the Irish Constitution. The crucial words here are "necessitated" and "membership of the Communities". A careful examination of the membership treaties of the EEC and the EU and the Treaty of Rome, 1957 show that the the EU Migration Pact as outlined in points (i) to (xii) above changes the obligations of membership of the Communities in such a manner as to breach them. In these circumstances it is necessitated that the EU Migration pact is rejected or the membership treaties of the EEC and the EU and the Treaty of Rome, 1957 are renegotiated and amended or repealed in part or in full accordingly.
The Crotty precedent set in the Supreme Court in 1987 applies here. In addition to the above, the EU Migration Pact radically affects and changes the Irish Constitution as stated in Points 1 to 5 above. Most importantly it completely undermines the Executive and Legislative and transfers it's Constittuional powers to a foreign power. This effectively makes void the Executive and Legislative, converting same into a vassal of the foreign power. And it undermines, breaches and makes void Irish national sovereignty as defined in the Irish Constitution. It also breaches both the State's external sovereignty and internal sovereignty and further breaches the Irish Constitution. And it undermines, breaches, and makes void Irish national security for reasons stated above. And it undermines, breaches, and makes void the Irish Constitution. There is no provision for this in the Irish Constitution and in the membership treaties for the EEC and the EU and the Treaty of Rome, 1957.
I also say that Article 29 of the Irish Constitution does not authorise these aforementioned breaches of the Irish Constitution and breaches of the membership treaties for the EEC and the EU and the Treaty of Rome, 1957 by the EU Migration Pact of 2024. The EU Migration Pact must be struck down as being unConstitutional, unlawful and illegal and also a breach of the membership treaties of the EEC and the EU and the Treaty of Rome, 1957.
A careful reading of the Supreme Court judge's judgments in Crotty VS An Taoiseach 1987 clearly shows that the precedent set has been breached. In the Crotty precedent of 1987, the Supreme Court stated that the Irish courts had the power to interfere in the government's exercise of foreign affairs in the case of there being a "clear disregard by the government of the powers and duties conferred on it by the Constitution." . To quote Justice Hederman in that Supreme Court case, the State are the guardians of the Irish Constitution and it's powers not the disposers of them.
On these grounds above, a Constitutional Referendum is required to ratify or not ratify the EU Migration Pact. And Supreme Court cases will be required to adjudicate on the breaches of the Irish Constitution and breaches of the membership treaties of the EEC and the EU and the Treaty of Rome, 1957 stated above.