Annotation, Case Comment Case C‐301/06, Ireland v. Parliament and Council
Common Market Law Review, Vol. 46, p. 1667, 2009
Posted: 29 Aug 2011
Date Written: May 1, 2009
The judgment in Ireland v Parliament and Council would have provided good odds at an EC constitutional betting forum. Indeed, few would have thought that the internal market provision of Art 114 TFEU was capable of regulating the fight against terrorism and organized crime in the context of data retention. Accordingly, the case under scrutiny here concerns the hot area of cross pillar litigation as well as the policing function of ex Art 47 EU and the width of Art 114 TFEU in this regard. For this reason, Ireland v Parliament and Council is a somewhat follow up to the PNR ruling on passenger name records where Art 114 TFEU was cut off from broad use of EU powers. As will be evaluated, in the present case the Court appears to have insisted on a dissimilar interpretation.
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