SWORDS -V- MINISTER FOR COMMUNICATIONS ENERGY AND NATURAL & ORS 2013/4122 P
“The case came up in for mention in front of the registrar today and the State requested extra time to evaluate new documents. It now goes back to the registrar for mention in June, which means it is unlikely that it will come in front of the Court until the autumn. In the meantime the UNECE Meeting of the Parties takes place at the end of June in the Netherlands, which is when the 45 Parties (countries) which have ratified the Convention come together every three years. As you can see from the below, there is a draft motion of non-compliance against the EU to be approved:
This has already been agreed by the Working Group of the Parties, so based on past experience these are adopted at the actual Meeting of the Parties. As this will be then a ruling in International Law, it has a knock on effect on Community Law, through an established concept of ‘mixed agreements’. In other words it carries the same weight effectively as a ruling in the European Court of Justice. So from a legal perspective, it is hoped that the Meeting of the Parties in late June will give additional clarity to the whole matters for the above case going forward.