Supreme Court ruling would apply in NI but for Windsor Framework - ECNI Chief Commissioner says - video Dailymotion

Watch Supreme Court ruling would apply in NI but for Windsor Framework - ECNI Chief Commissioner says - News Letter on Dailymotion

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00:00...when we might be programmed in.

00:02Geraldine, which parts of Article 2 of the ones are frameworks for causing an issue here

00:06that are causing the confusion?

00:08It's the entirety of Article 2, really, because Article 2 is about ensuring there's no definition

00:12of rights that are protected or safeguarded within the Good Friday Agreement.

00:17There's a debate as to which right that actually might be, and the courts can adjudicate on

00:21that, whether it's a civil right or whether it's on gender discrimination.

00:25Those two issues, once they might be resolved, and if it is confirmed indeed that there is

00:31a right that is protected under the Windsor Framework, it then becomes a matter of which

00:37piece of European law is applicable as we move forward, and indeed there are various pieces

00:43of EU law that is actually in conflict with each other.

00:47It's not a clear cut that you follow this case and this case and this case, because one actually

00:52undermines the other or develops the thinking of the European courts in a different way.

00:59So that process is not completed, and indeed there are still cases going through the European

01:03courts presently.

01:05Some judgments are expected in the next number of months, which could potentially have a bearing

01:09on this, should Article 2 be considered to be applicable.

01:12The situation in the Supreme Court judgment, obviously it's quite clear in GB, but the European

01:21courts have allowed a kind of wide range of interpretations of the law across Europe on

01:27this issue.

01:27Is there something in particular about the Supreme Court ruling that couldn't fit within that?

01:32If it wasn't for Article 2, we would actually be saying very clearly that the Supreme Court

01:37judgment applies here in Northern Ireland.

01:39That is why we're saying it's highly presclusive for our courts and tribunals here in Northern

01:43Ireland.

01:44The very fact that you're saying yourself that EU law has different views is part of that

01:51uncertainty, and that is where we need a degree of clarity as to how that evolving case

01:57law should be applied if indeed Article 2 is applied to this particular judgment.