Irland, 4. Oktober 2013 : Schaffung eines Appellationsgerichts

Gebiet Irland
┗━ Stellung unabhängiger Staat
Datum
Vorlage Schaffung eines Appellationsgerichts
┗━ Fragemuster Entscheidungsfrage
┗━ Abstimmungstyp Obligatorisches Referendum → durch Parlament → bindend → Stufe: Verfassung → Partialrevision (Einzelthema)
Ergebnis angenommen
┗━ Mehrheiten gültige Stimmen
Stimmberechtigte 3'167'384
Stimmbeteiligung 1'240'135 39,15 %
Stimmen ausser Betracht 20'080
Gültige (= zählende) Stimmen 1'220'055
┗━ Ja-Stimmen 795'008 65,16 %
┗━ Nein-Stimmen 425'047 34,84 %
Bemerkungen Bis jetzt können alle Gerichtsfälle bis vor das Oberste Gericht (Supreme Court) weitergezogen werden. Durch die hohe Anzahl von Fällen besteht dort eine Wartefrist von mehreren Jahren. Um diesem Zustand abzuhelfen, soll dem Obersten Gericht als neue Instanz ein Appellationsgericht (Court of Appeal) vorgeschaltet werden. Dieses soll als letzte Instanz in "normalen" Fällen dienen, während das Oberste Gericht selber entscheidet, welche Fälle es als wichtig genug erachtet, um sie zu behandeln.

Art. 34 definiert die neue Gerichtsinstanz. Dazu kommen Übergangsbestimmungen für die Inkraftsetzung (Art. 34A) und die hängigen Fälle (Art. 64). In vielen weiteren Artikeln wird die Gerichtsinstanz umbenannt.

Obligatorisches Verfassungsreferendum nach Art. 46 und 47 der Verfassung.

Die Regierung legt das Abstimmungsdatum am fest, die Urnen sind von 7.00 bis 22.00 geöffnet.

Art. 34 (neue Fassung)
"(1) Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public.
(2) The Courts shall comprise:

  1. Courts of First Instance;
  2. a Court of Appeal; and
  3. a Court of Final Appeal.
(3) 1° The Courts of First Instance shall include a High Court invested with full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal.
2° Save as otherwise provided by this Article, the jurisdiction of the High Court shall extend to the question of the validity of any law having regard to the provisions of this Constitution, and no such question shall be raised (whether by pleading, argument or otherwise) in any Court established under this or any other Article of this Constitution other than the High Court or the Supreme Court.
3° No Court whatever shall have jurisdiction to question the validity of a law, or any provision of a law, the Bill for which shall have been referred to the Supreme Court by the President under Article 26 of this Constitution, or to question the validity of a provision of a law where the corresponding provision in the Bill for such law shall have been referred to the Supreme Court by the President under the said Article 26.
4° The Courts of First Instance shall also include Courts of local and limited jurisdiction with a right of appeal as determined by law.
(4) 1° The Court of Appeal shall—
  1. save as otherwise provided by this Article, and
  2. with such exceptions and subject to such regulations as may be prescribed by law,
have appellate jurisdiction from all decisions of the High Court, and shall also have appellate jurisdiction from such decisions of other courts as may be prescribed by law.
2° No law shall be enacted excepting from the appellate jurisdiction of the Court of Appeal cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.
3° The decision of the Court of Appeal shall be final and conclusive, save as otherwise provided by this Article.
(5) 1° The Court of Final Appeal shall be called the Supreme Court.
2° The president of the Supreme Court shall be called the Chief Justice.
3° The Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the Court of Appeal if the Supreme Court is satisfied that—
  1. the decision involves a matter of general public importance, or
  2. in the interests of justice it is necessary that there be an appeal to the Supreme Court.
4° Notwithstanding section 4.1° hereof, the Supreme Court shall, subject to such regulations as may be prescribed by law, have appellate jurisdiction from a decision of the High Court if the Supreme Court is satisfied that there are exceptional circumstances warranting a direct appeal to it, and a precondition for the Supreme Court being so satisfied is the presence of either or both of the following factors:
  1. the decision involves a matter of general public importance;
  2. the interests of justice.
5° No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve questions as to the validity of any law having regard to the provisions of this Constitution.
6° The decision of the Supreme Court shall in all cases be final and conclusive.
(6) 1° Every person appointed a judge under this Constitution shall make and subscribe the following declaration:
"In the presence of Almighty God I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."
2° This declaration shall be made and subscribed by the Chief Justice in the presence of the President, and by each of the other judges of the Supreme Court, the judges of the High Court and the judges of every other Court in the presence of the Chief Justice or the senior available judge of the Supreme Court in open court.
3° The declaration shall be made and subscribed by every judge before entering upon his duties as such judge, and in any case not later than ten days after the date of his appointment or such later date as may be determined by the President.
4° Any judge who declines or neglects to make such declaration as aforesaid shall be deemed to have vacated his office."

Art. 34A (Übergangsbestimmung zur Inkraftsetzung)
"(1) The Court of Appeal referred to in paragraph ii of Article 34.2 hereof (“the Court of Appeal”) shall be established in accordance with this Article.
(2) As soon as practicable after the enactment of this Article, a law providing for the establishment of the Court of Appeal shall be enacted.
(3) That law shall require the Government to appoint by order a day ("the establishment day") on which the Court of Appeal shall be established by virtue of that law; an order of the Government as aforesaid shall operate to have that effect accordingly.
(4) This Article shall be omitted from every official text of this Consti- tution published after the establishment day."

Art. 64 (Übergangsbestimmung für hängige Fälle)
"(1) In this Article "the establishment day" has the same meaning as it has in Article 34A of this Constitution.
(2) 1° Sections 3 and 4 hereof apply to an appeal to the Supreme Court initiated before the establishment day that has not been heard, in full or in part, by the Supreme Court before that day.
2° For the purposes of this Article, an appeal shall not be taken to have been heard in part by reason of the Supreme Court having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Supreme Court having heard any procedural application or motion in the matter.
(3) 1° On or after the establishment day, the Chief Justice may, if the Chief Justice is satisfied that it is in the interests of the administration of justice and the efficient determination of appeals to do so, and with the concurrence of the other judges of the Supreme Court, give a direction under the seal of the Court providing that each appeal to which this section applies falling within a class of appeals specified in the direction shall be heard and determined by the Court of Appeal and, where such a direction is given, the Court of Appeal shall, subject to subsection 3° hereof, have jurisdiction to hear and determine each appeal the subject of that direction accordingly.
2° A direction under subsection 1° hereof may contain provision for any matter that the Chief Justice considers it appropriate to provide for in consequence of the appeals concerned being heard and determined by the Court of Appeal and any such provision shall have like effect to a provision contained in an order made by the Supreme Court.
3° The Supreme Court, on application to it that complies with such, if any, regulations as may be prescribed by law and made by any of the parties to an appeal the subject of a direction under subsection 1°, may, if it is satisfied that it is just to do so, make an order—

  1. cancelling the effect of that direction, or
  2. cancelling or varying the effect of any provision, referred to in subsection 2° hereof, of that direction,
so far as it relates to that appeal.
(4) 1° If, on application to it that complies with such, if any, regulations as may be prescribed by law and made by any of the parties to the appeal, the Supreme Court is satisfied that it is in the interests of the administration of justice and the efficient determination of appeals to do so, the Supreme Court may make an order providing that the appeal shall be heard and determined by the Court of Appeal and, where such an order is made, the Court of Appeal shall have jurisdiction to hear and determine the appeal accordingly.
2° An order under subsection 1° hereof may contain provision for any matter that the Supreme Court considers it appropriate to provide for in consequence of the appeal being heard and determined by the Court of Appeal.
(5) Save to the extent provided by any direction given or order made pursuant to the powers conferred by section 3 or 4 hereof, the exercise by the Supreme Court of its jurisdiction in relation to appeals to that Court initiated before the establishment day shall not be affected by the amendments of this Constitution made by the Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013.
(6) Notwithstanding any amendments of this Constitution made as aforesaid, the Supreme Court shall continue to have appellate jurisdiction from decisions of the Court of Criminal Appeal that stood established before the establishment day to the extent provided, and subject to the same regulations as were prescribed, by law immediately before the establishment day, and sections 3 and 4 hereof shall not apply to an appeal from a decision of the Court of Criminal Appeal.
(7) This Article shall be omitted from every official text of this Constitution published on or following the expiry of one year after the establishment day."
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