Email to EU Commission President Jose Manuel Barroso dated April 27th 2005

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Date: Wed, 27 Apr 2005 16:18:27 +0100 (BST)
From: "William Finnerty" <newinngalway@yahoo.co.uk>
Subject: Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms
To: "Jose Manuel Barroso (President of EU Commission)" <sg-web-president@cec.eu.int>
CC: "Josep Borrell Fontelles (President of the European Parliament)" <webmasterpresident@europarl.eu.int>, "Jean-Claude Juncker (Council of Europe President)" <public.relations@consilium.eu.int>, "Prime Minister Tony Blair" <webmaster@pmo.gov.uk>, "Michael Howard MP (Leader of the Conservative Party)" <howardm@parliament.uk>, "Charles Kennedy MP (Leader of the Liberal Democrats)" <rossldp@cix.co.uk>, "Archbishop of Canterbury Rowan Williams" <webmaster@archbishopofcanterbury.org>, "Cardinal Cormac Murphy O'Connor" <enquiries@rcdow.org.uk>, "Prime Minister Bertie Ahern" <taoiseach@taoiseach.irlgov.ie>,  "Leader of the Fine Gael Party" <Enda.Kenny@oireachtas.ie>, " Leader of the Labour Party" <Pat.Rabbitte@oireachtas.ie>, "Leader of the Green Party" <Trevor.Sargent@oireachtas.ie>, "Member of Sein Fein Party" <Arthur.Morgan@oireachtas.ie>, "Anne Scott (Northern Ireland Ombudsman's Office)" <Anne.Scott@ni-ombudsman.org.uk>, "Gearoid Geraghty (Lawyer, Fair Murtagh, Ballinasloe)" <gearoidgeraghty@fair-murtagh.ie>, "Ciara Macklin (Lawyer, Fair-Murtagh)" <ciaramacklin@fair-murtagh.ie>, "Martin Egan (Principal Lawyer, Fair-Murtagh Law Firm)" <martinegan@fair-murtagh.ie>, "Law Society (Republic of Ireland)" <H.Mountaine@LawSociety.ie>, "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" <comstaff@iol.ie>, "Assistant Police Commissioner (Galway area)" <ekeating@iol.ie>, "Minister for Justice (Michael McDowell TD)" <Michael.McDowell@oireachtas.ie>, "Deputy Prime Minister Mary Harney" <info@maryharney.ie>, ombudsman@ni-ombudsman.org.uk, ombudsman@ombudsman.irlgov.ie, euro-ombudsman@europarl.eu.int, information@nipolicingboard.org.uk, "Margot Wallstrom (Vice President of EU Commission)" <Margot.Wallstrom@cec.eu.int>, "Stavros Dimas (EU Commissioner for Environment & Social Affairs)" <empl-info@cec.eu.int>, brendankellywoodlawn@yahoo.ie, ciaran_hughes@yahoo.co.uk, richardmgreene@yahoo.co.uk, "Marian Harkin TD & MEP" <mharkin@oireachtas.ie>, "Senator Jim Higgins MEP" <Jim.Higgins@oireachtas.ie>, "Vercingetorix (Ireland)" <vercingetorixireland@yahoo.ie>, "Ollamh Fodhla (Turoe/Tara & Ulster)" <ollamhfodhla@yahoo.co.uk>, "Kofi Annan (Secretary-General of the United Nations)" <public.participation@unece.org>, jeremy.paxman@bbc.co.uk, news@channel4.com, charlie.bird@rte.ie, newsdesk@rte.ie, todaypk@rte.ie, vincent.browne@rte.ie, "Marian Finucane (RTE)" <marian@rte.ie>, "Dr John Kirby (Bishop of Clonfert)" <clonfert@iol.ie>, "Guardian of the Constitution (President Mary McAleese)" <webmaster@aras.irlgov.ie>, "Sir Anthony O'Reilly" <content@unison.ie>, "Sir Bob Geldof" <geldofinfo@msn.com>, "President George W. Bush" <president@whitehouse.gov>
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Dear President Barroso,

Despite the fact that I have been charged with a criminal offence in the Republic of Ireland, and that a warrant was issued for my arrest there in October 2002, I am unable to find a lawyer who will help me to prepare my defence. Preferably, and allowing for the growing complexity of my case, I would like to have my defence fully prepared by a lawyer (of my choice) at least two weeks in advance of the hearing.

With due regard for the fact that I remain unable to find a lawyer of any kind (despite my best efforts over a period of years), I believe this situation represents a serious violation of Article 6 of The European Convention for the Protection of Human Rights and Fundamental Freedoms.

It is very clearly stated in Article 6.3.b of The European Convention for the Protection of Human Rights and Fundamental Freedoms that everyone charged with a criminal offence has certain minimum legal rights which include the following: "adequate time and facilities for the preparation of his defence".  (This information has been taken from the Council of Europe Internet page address titled http://conventions.coe.int/treaty/en/Treaties/Html/005.htm .)

I note that Article 14.3.2 of the United Nations International Convention on Civil and Political Rights also entitles me to have "adequate time and facilities for the preparation" of my defence, and, in addition, "to communicate with counsel of my own choosing". (This information has been taken from the United Nations Internet address http://www.hrweb.org/legal/cpr.html .)

I have tried on several occasions to communicate with the lawyer who is supposed to be acting on my behalf, but, for reasons best known to himself and his colleagues at law firm Fair-Murtagh, he now appears to be unwilling to communicate with me. A copy of the text of my last letter to Mr Geraghty (the lawyer who is supposed to be acting on my behalf), which I sent to him by Royal Mail "Registered Delivery" on December 21st 2004, can be seen at the following address: http://www.constitutionofireland.com/FairMurtaghEmail21Dec2004.htm .

When, several weeks later, there was no sign of a reply from Mr Geraghty, I asked the Republic of Ireland Prime Minister Bertie Ahern TD (in my letter to him dated February 24th 2005, which was also sent through the "Registered Delivery" post, to: a) look into the matter of why Mr Geraghty and the law-firm he works for (Fair-Murtagh) were failing to reply to my letters, and b), to take whatever steps were necessary to ensure that I was provided with the services of a lawyer who would act on my behalf and in my best interests. The text of my letter to Prime Minister Ahern can be seen at http://www.constitutionofireland.com/PrimeMinisterAhernEmail24Feb2005.htm .
Though Prime Minister Ahern did reply to this letter by e-mail on February 28th 2005, he made no reference at all to the core difficulty of I being unable to find a lawyer, even though this was the main reason I wrote to him.

In the belief that Prime Minister Ahern was not going to help me, and on account of the fact I have been living in Northern Ireland since December 7th 2004 (to avoid arrest in the Republic of Ireland), I then sought help from UK Prime Minister Tony Blair MP. The text of my letter dated March 11th 2005 to Mr Blair, together with a scanned copy of the Royal Mail "Special Delivery" receipt, can be seen at  http://www.constitutionofireland.com/PrimeMinisterBlairEmail11March2005.htm .

As I did not receive any reply from Mr Blair to my March 11th letter, I then sent a reminder to him on April 6th 2005.  The main text of my reminder to Mr Blair is reproduced below for you to consider.  I have not received any reply from Mr Blair to this reminder either, and I feel it is unlikely that I will at this stage. Consequently, I am now writing to you for help.

Under Article 13 of The European Convention for the Protection of Human Rights and Fundamental Freedoms it seems clear to me that I have a legal right to "an effective remedy" for the problems of the kind referred to above concerning Prime Minister Ahern and Prime Minister Blair.  The full text of Article 13 reads as follows: "Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."   (This information has been taken from Council of Europe Internet address http://conventions.coe.int/treaty/en/Treaties/Html/005.htm .)

Without the assistance of a lawyer, please note that I do not know how to go about achieving the "effective remedy" referred to in the paragraph immediately above.  Consequently, and with due regard for the fact that both Prime Minister Ahern and Prime Minister Blair appear unwilling to help me find a lawyer, I would now be very grateful if you could let me have some written advise regarding this point please.

My postal address is:  Mr William Finnerty,  "St Albans",  New Inn,  Ballinasloe,  County Galway,  Republic of Ireland.

Though I cannot collect mail from my home address above at the present time (for fear of being arrested), I will ask close relatives of mine who live in New Inn village to watch out for your letter, open it, and relay the contents to me by telephone.  As an alternative, you may wish to write to me at the following e-mail address: newinngalway@yahoo.co.uk (i.e. the same address I am sending this e-mail from).

If anybody tries to arrest me in connection with the warrant for my arrest while I am waiting for the written reply I am now requesting from you, I will offer them a copy of this letter, and refer them to you.

Should anyone try to force me against my wishes to appear in a court of law while I am waiting for a written reply from you, I will attempt to inform the judge about this letter, ask him or her to refer to you, and thereafter remain completely silent for the full duration of the hearing.

Unless you advise me otherwise in writing, I do not believe that I, or any other European Community citizen for that matter, is under any obligation whatsoever to participate in court proceedings which blatantly deprive citizens of their legal right under European Community law to have adequate time and facilities for the preparation of their defence.  This seems particularly true to me when the particular "crime" I am being charged with has been manufactured by so called "public servants" who are attempting to corruptly criminalise me (and possibly imprison me in addition).

The difficulties I have been experiencing during the past several years with public servants have been greatly compounded (in my view) by the ongoing failure of the public servants in question to act in a responsible and timely way to the complaint information, and requests for help, which I have written to them about.

Apart from the difficulties referred to in the text of the April 6th 2005 reminder below to Mr Blair, further major difficulties exist for me in connection with the way that the international Aarhus Convention Agreement has not been "laid before Dail Eireann" (Republic of Ireland Parliament) in compliance of Article 29.5.1 of the Republic of Ireland's written Constitution, or "Bunreacht na hEireann" as it is sometimes referred to: a term which literally means "Fundamental law of Ireland" in the Celtic language.  Senator Jim Higgins MEP has very kindly raised this matter for me with Prime Minister Ahern several months ago, and received no answer (as far as I know). Further detailed information relating to this point can be found at http://www.constitutionofireland.com/SenatorJimHigginsMEP.htm .)

You may wish to know that the full text of Bunreact na hEireann can normally be found via the following link:
http://www.google.com/search?q=Bunreacht+na+hEireann
&btnG=Google+Search

A further difficulty for me relating to Article 29.5.1 of the Republic of Ireland's written Constitution relates to the international agreement between the Republic of Ireland and the United States which allows Shannon Airport to be used by US military aircraft engaged in the war in Iraq.  This is another international agreement which has never (to the best of my knowledge) been laid before Dail Eireann.  Concern relating to this problem is much increased by the fact that as far as international law is concerned, as distinct from US and UK law, every international lawyer I know of who has commented in the media on the subject appears to believe that the war which was started in March 2003 in Iraq was entered into unlawfully.  I understand that the United Nations General-Secretary (Mr Kofi Annan) has similarly expressed the view in public that the manner this war was entered into was unlawful.

I feel I should make it clear that I am writing to you in particular because it is my understanding that The European Union Commission acts as "the guardian" of the European Union Treaties; and, that "together with the Court of Justice, is responsible for making sure EU law is properly applied in all the Member States".  I further understand that if "it finds that a particular Member State is not applying an EU law, and therefore not meeting its legal obligations, the Commission takes steps to put the situation right".  I have found this information in Section 3 (titled "Enforcing European law") at  http://europa.eu.int/institutions/comm/index_en.htm .

As you may know, I have already written to EU personnel about the various problems in question on a number of occasions during past years.  Please note, for example, that a printed copy of the letter text shown at the following Internet address was sent "recorded delivery" to the Secretary-General of the Commission on April 17th 2003, and that the e-mail version was also copied to the European Union Court of Justice (among others).  Please see  http://www.finnachta.com/EU_Commission_17April2003_.htm for details.

I feel you should also know that, in response to his suggestion, I have asked Mr Geraghty (lawyer at Fair-Murtagh) to explore the possibility of amicably resolving the matter of the extant warrant for my arrest.  I have also informed him that if it was not possible to resolve the matter in an amicable manner that I wished to sue the State in connection with the wrongful acts I have been subjected to by public servants acting on behalf of the State. 

I know it is possible to sue the State (i.e. Ireland) for such reasons because of the following statement in the book titled "Principles of Irish Law (page 9, 5th edition, by barrister Brian Doolan): "The Supreme Court decided in Byrne v Ireland (1972), that the State is a juristic person which can be sued for the wrongful acts of its public servants."  The exchange of correspondence between myself and Mr Geraghty relating to these points can be seen at  http://www.constitutionofireland.com/FairMurtaghEmail29Nov2004.htm . (Please note that I have never received any reply from Mr Geraghty to my e-mail to him dated November 29th 2004.)

I hope to have received the written response I have requested from you above within the coming fourteen days please.

Yours sincerely,

William Finnerty.

++++++++++++++++

--- Main text of April 6th 2005 e-mail to Prime Minister Blair MP ---

Date: Wed, 6 Apr 2005 14:13:02 +0100 (BST)
From: William Finnerty <newinngalway@yahoo.co.uk>
Subject: Article 14.1 Universal Declaration of Human Rights
To: Prime Minister Tony Blair <webmaster@pmo.gov.uk>
CC: "Michael Howard MP \(Leader of the Conservative Party\)" <howardm@parliament.uk>, "Charles Kennedy MP \(Leader of the Liberal Democrats\)" <rossldp@cix.co.uk>, Archbishop of Canterbury Rowan Williams <webmaster@archbishopofcanterbury.org>, Cardinal Cormac Murphy O'Connor <enquiries@rcdow.org.uk>, Prime Minister Bertie Ahern <taoiseach@taoiseach.irlgov.ie>, "Rosemary Henderson \(Complaints Manager, Northern Ireland Western Health & Social Services Board\)" <Rosemary.Henderson@whssb.n-i.nhs.uk>, "Anne Scott \(Northern Ireland Ombudsman's Office\)" <Anne.Scott@ni-ombudsman.org.uk>, "Mr Hugh Mills \(Chief Executive\) Sperrin Lakeland Health & Social Services Trust" <hmills@slt.n-i.nhs.uk>, "Gearoid Geraghty \(Lawyer, Fair Murtagh, Ballinasloe\)" <gearoidgeraghty@fair-murtagh.ie>, "Ciara Macklin \(Lawyer, Fair-Murtagh\)" <ciaramacklin@fair-murtagh.ie>, "Martin Egan \(Principal Lawyer, Fair-Murtagh Law Firm\)" <martinegan@fair-murtagh.ie>, "Law Society \(Republic of Ireland\)" <H.Mountaine@LawSociety.ie>, "Garda Commissioner Noel Conroy \(Chief Commissioner of Police, Republic of Ireland\)" <comstaff@iol.ie>, "Assistant Police Commissioner \(Galway area\)" <ekeating@iol.ie>, "Minister for Justice \(Michael McDowell TD\)" <Michael.McDowell@oireachtas.ie>, Deputy Prime Minister Mary Harney <info@maryharney.ie>, ombudsman@ni-ombudsman.org.uk, ombudsman@ombudsman.irlgov.ie, euro-ombudsman@europarl.eu.int, information@nipolicingboard.org.uk,"Margot Wallstrom \(Vice President of EU Commission\)" <Margot.Wallstrom@cec.eu.int>, "Stavros Dimas \(EU Commissioner for Environment & Social Affairs\)" <empl-info@cec.eu.int>, "Jose Manuel Barroso \(President of EU Commission\)" <press-web@cec.eu.int>, brendankellywoodlawn@yahoo.ie, ciaran_hughes@yahoo.co.uk, richardmgreene@yahoo.co.uk, Deputy Ciaran Cuffe TD <ciaran.cuffe@oireachtas.ie>, Marian Harkin TD & MEP <mharkin@oireachtas.ie>, Bernard.J.Durkan@oireachtas.ie, Senator Jim Higgins MEP <Jim.Higgins@oireachtas.ie>, "Vercingetorix \(Ireland\)" <vercingetorixireland@yahoo.ie>, "Ollamh Fodhla \(Turoe/Tara & Ulster\)" <ollamhfodhla@yahoo.co.uk>, "Kofi Annan \(Secretary-General of the United Nations\)" <public.participation@unece.org>, "David Dimbleby \(Broadcaster\)" <mike.robinson@bbc.co.uk>, jeremy.paxman@bbc.co.uk, news@channel4.com, charlie.bird@rte.ie, newsdesk@rte.ie, todaypk@rte.ie, vincent.browne@rte.ie, "Marian Finucane \(RTE\)" <marian@rte.ie>, "Dr John Kirby \(Bishop of Clonfert\)" <clonfert@iol.ie>, "Most Reverend Dr. Robert Eames \(Archbishop of Armagh, Primate of All Ireland\)" <webadmin@churchofireland.net>, "Guardian of the Constitution \(President Mary McAleese\)" <webmaster@aras.irlgov.ie>, Sir Anthony O'Reilly <content@unison.ie>, Sir Bob Geldof <geldofinfo@msn.com>, "President George W. Bush" <president@whitehouse.gov>
 
 
Dear Prime Minister Blair,
 
I have not received any reply (of any kind) to the letter I posted to you on March 11th 2005 which was sent through the Royal Mail "Special Delivery" service.
 
The Post Office has recently provided me with a note titled "Confirming your delivery", and it shows that my letter to you of March 11th was delivered to 10 Downing Street, London on March 14th.
 
A scanned copy of the Royal Mail note in question, which contains a signature, can be seen at Internet location: http://www.constitutionofireland.com/PrimeMinisterBlairEmail
11March2005-DeliveryInformation.htm
 
With reference to my two separate requests for help from you to date, regarding a human-rights lawyer, I would like to take this opportunity to point out to all concerned that the United Nations Universal Declaration of Human Rights (Article 14.1) contains the following statement: "Everyone has the right to seek and to enjoy in other countries asylum from persecution." 
 
I note that the United Kingdom of Great Britain and Northern Ireland joined the United Nations Organisation on October 24th 1945, and that the Universal Declaration of Human Rights was adapted and proclaimed by the UN General Assembly on December 10th 1948.
 
At this point in time, well over half a century later, it seems reasonable to me to suppose that all UK & Northern Ireland human-rights law would be fully in keeping with the UN Universal Declaration of Human Rights by now. It also seems reasonable for me to assume that one of the very first and most important forms of help many people seeking asylum from persecution need is a human-rights lawyer. This has certainly been my most important need for a long period of time now - as I have already pointed out in my letters to you dated December 21st 2002 and March 11th 2005. (The main text of the March 11th 2005 letter is reproduced below).
 
The fact that it is proving so EXTREMELY difficult for me to find a human-rights lawyer in Northern Ireland who is willing to act on my behalf and in my best interests continues to be a source of growing concern for me: not least because I am, in effect, being slyly subjected to forced exile (for political reasons) under the threat of being corruptly criminalised, and possibly imprisoned, for a "crime" which has been invented. This appears to me to be a straightforward violation of Article 9 of the UN Universal Declaration of Human Rights, which specifically states: "No one shall be subjected to arbitrary arrest, detention or exile".
 
Some may be interested to know that the Republic of Ireland joined the United Nations almost 50 years ago on December 14th 1955; and that the full text of Universal Declaration of Human Rights, which I note with interest is meant to be ON DISPLAY in schools and other educational institutions, can be viewed at:
http://www.un.org/Overview/rights.html
 
I would also like to point out that since writing to you on March 11th 2005 I have found a list of the consortium of banks which has raised EUR 100,000,000 in debt finance facilities for Celtic Waste / Greenstar. This is the company which has already been given permission to build a "SUPERDUMP" in Kilconnell, County Galway (close to my home): by means which appear to BLATANTLY violate ARTICLE 28A of the Republic of Ireland's written Constitution. Though I would very much like to challenge the constitutionality of the legislation associated with this permission in the High Court, I am being prevented from doing so. Led by the Bank of Ireland, the group in question includes AIB (Allied Irish Bank), Ulster Bank, The Bank of Scotland, and IIB Bank which I understand has its headquarters in Brussels. (This financial information has been taken from Internet location
http://www.rte.ie/business/2003/0513/ntr.html )
 
In connection with the paragraph immediately above, and for reasons which I feel are likely to be obvious to most people, I frequently find myself wishing that MUCH more attention be paid to the remarkable insights and warnings made by Lord Acton regarding maladministration. One of these reads as follows: "And remember, where you have a concentration of power in a few hands, all too frequently men with the mentality of GANGSTERS get control. History has proven that. All power corrupts; absolute power corrupts absolutely." 
 
For the purpose of justly resolving - by lawful means - what for me is already an EXTREMELY damaging legal dispute between myself and public servants acting on behalf of the Republic of Ireland State, as a result of I trying to lawfully protect myself, my property, and my heritage (which I share with many others), I wish to ask you again please - and for the last time - to see to it that I am provided with the services of a human-rights lawyer who is based in the Northern Ireland jurisdiction, and who is willing to act on my behalf and in my best interests.
 
The reference numbers for my case with the Northern Ireland Ombudsman's Office and the Western Health & Social Services Board (Northern Ireland) are provided below.
 
Yours sincerely,
 
William Finnerty.

++++++++++++

To view the remainder of the e-mail letter dated April 6th 2005 to Prime Minister Blair MP please go to following Internet address:
http://www.constitutionofireland.com/PrimeMinisterBlairEmail6April2005.htm

++++++++++++



+++   +++   +++

People  VERSUS  Public Servants

http://www.constitutionofireland.com

Human Rights  VERSUS  Maladministration

+++   +++   +++



Send instant messages to your online friends http://uk.messenger.yahoo.com

 

 
 
     
  Printed and signed copies of the e-mail in the section above were also sent through the Royal Mail postal service on April 27th 2005 to the following three people:
  • President of the EU Commission (Mr Jose Manuel Barroso)
  • President of the EU Parliament (Mr Josep Borrell Fontelles)
  • President of the EU Council of Europe (Mr Jene-Claude Junker)

Please see copies of Post Office "Signed For" receipts for the 3 letters in question immediately below:

 
     
 
 
 

Side 1

 

Side 2

 
 
 
 

Side 1

 

Side 2

 
 
 
 

Side 1

 

Side 2

 
 
     
 

FRONT  PAGE
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 Separation of Powers Doctrine:
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The Århus Convention Agreement
 (3 Main Points)

The Århus Convention establishes a number of rights of the public (citizens and their associations) with regard to the environment. Public authorities (at national, regional or local level) are to contribute to allowing these rights to become effective. The Convention provides for:

  1. The right of everyone to receive environmental information that is held by public authorities (“access to environmental information”). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Citizens are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;
     

  2. The right to participate from an early stage in environmental decision-making. Arrangements are to be made by public authorities to enable citizens and environmental organisations to comment on, for example, proposals for projects affecting the environment, or plans and programmes relating to the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it (“public participation in environmental decision-making”);
     

  3. The right to challenge, in a court of law, public decisions that have been made without respecting the two aforementioned rights or environmental law in general (“access to justice”).

Above text taken from:  http://europa.eu.int/comm/environment/aarhus/
 

 
     
 
     
 

National Development Plan

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"The NDP is the largest and most ambitious investment plan ever drawn up for Ireland. It involves an investment of over  EUR 52 billion  of Public, Private and EU funds (in 1999 prices) over the period 2000-2006. The Plan involves significant investment in health services, social housing, education, roads, public transport, rural development, industry, water and waste services, childcare and local development."

The above quote was taken from http://www.ndp.ie on October 23rd 2004.
 

 
     
 
     
 

Constitutions

Bunreacht na hEireann:
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(Constitution of the Republic of Ireland)

Draft Treaty establishing a Constitution for Europe:
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Text of EU Constitution Draft Treaty:
http://europa.eu.int/futurum/constitution/index_en.htm

Text of Environment Section of EU Constitution Draft Treaty:
http://europa.eu.int/futurum/constitution/part3/title3/chapter3/section5/index_en.htm
 

 
     
 
     
 

Legislation

Checking and correcting unconstitutional legislation (Republic of Ireland):
http://www.oasis.gov.ie/government_in_ireland/the_constitution/
unconstitutional_legislation_and_decisions.html

Legislation and the role of the President of the Republic of Ireland:
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president_of_ireland/president_and_legislation.html

Irish Legislation (BAILII):
http://www.bailii.org/ie/legis/num_act/

 Irish Legal Information Initiative (IRLII):
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