A decision on the Galway City Outer Bypass by the EU Court of Justice Advocate General is forthcoming and could determine whether or not the bypass ultimately goes ahead.
The EU Court of Justice Advocate General, assigned to the Galway City Outer Bypass case currently before the EU Court of Justice in Luxembourg, will deliver her “reasoned opinion” on Thursday November 22 as to whether or not the bypass is in breach of the EU Habitats Directive.
The decision of the AG will be in no way definitive or conclusive of the case, although Fine Gael Galway West TD Brian Walsh has pointed out that it is followed “by the judges of the ECJ in over 80 per cent of cases”.
However he also added: “It is important to note that the current judicial process effectively will not decide whether the bypass is going to proceed, rather how the bypass is going to proceed.”
Advocates general are legal specialists appointed to cases by the Court of Justice of the European Union to examine the facts and correspondence of a case and to provide a legal opinion which the Court will take on board. At the heart of the issue is whether the bypass, as it is proposed, will adversely affect the integrity of a special area of conservation.
His party and constituency colleague Dep Seán Kyne said the fact that the AG is making a decision on the controversial bypass “demonstrates the case is progressing speedily”.
“I’m hopeful for a positive decision,” he said. “However, should the decision be negative it is imperative a new way forward be found.”
Dep Kyne said such a mechanism is the Imperative Reasons of Overriding Public Interest process which facilitates the progression of major infrastructural projects when shown to be justifiable in the public interest.
Dep Walsh agrees and said “we must be prepared to initiate a new application to An Bord Pleanála under Article 6.4 of the Habitats Directive which may allow infrastructure projects to proceed in spite of their impact on a protected site on condition that there are imperative reasons of overriding public interest.”
