A Romanian has failed in his High Court application to compel the State to bring proceedings under the Constitution against Romania over that country's alleged noncompliance with the Geneva Convention relating to the status of refugees.
The President of the High Court, Mr Justice Morris, said granting the man's application would constitute an improper interference by the court with a function of the Government.
He said Article 29.4 (1) of the Constitution entrusted to the Government the exclusive power of the State in connection with external relations. The man's application was, therefore, doomed to failure.
In his reserved judgment yesterday, Mr Justice Morris said the Supreme Court in 1999 had declared that the Geneva Convention relating to the Status of Refugees was not part of Irish domestic law, and the Irish courts had no part in its enforcement. No submissions had been made on the part of the man that the situation now was different from what existed in 1999.
He refused a stay on his findings, awarded costs to the State and said the applicant was free to take the matter to the Supreme Court if he wished.