E136 The Fifth Court - PART II- Síofra O’Leary, former President of the European Court of Human Rights & Úna Ní Raifeartaigh, judge at the European Court of Human Rights

The Fifth Court Ep 136 Part 2: Strasbourg, dissent and Decisis casebook

Part 2 of a two-part Fifth Court interview with two of Ireland’s most distinguished international judges:

• Síofra O’Leary, former President of the European Court of Human Rights

• Úna Ní Raifeartaigh, Ireland’s current judge at the European Court of Human Rights

This episode examines judicial dissent, political pressure on the Strasbourg Court, enforcement of judgments, and the long-term influence of the European Convention on Human Rights.

Decisis Casebook segment:

Three further Irish decisions are discussed:

1. DPP v Malloy – re-examination of witnesses did not justify overturning a sexual offence conviction
2. E v E – relocation of children to the United Kingdom permitted despite the children’s stated wishes
3. Garnishee order enforcement case (Enoch Burke) – enforcement of a High Court judgment through salary attachment, with vehicle sequestration deferred

Presented by Peter Leonard BL and Mark Tottenham BL.

Decisis Casebook supported by Charltons Solicitors and Collaborative Practitioners.

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