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Question

794. Deputy Catherine Murphy asked the Minister for Justice and Equality her plans to appeal a European Court of Justice ruling (details supplied) that she failed to transpose EU Directive No. 2015/849; the reason the directive was not adopted; and if she will make a statement on the matter. [18570/20]

Answer

Minister for Justice and Equality (Deputy Helen McEntee): There is no appeal from a decision of the European Court of Justice which is made under Article 260(3) of the TFEU or any of the other infringement articles under the Treaty.
The decision referred to by the Deputy is of course being closely examined by the Department of Justice and Equality and the Department of Finance.
However it is also important to note that all aspects of the Directive are now in place and operational in Ireland.
The Court’s decision related to a delay in implementing the Fourth Money Laundering Directive, dating to a period between July 2017 and the enactment of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act in November 2018.  My Department and the Department of Finance subsequently provided for a number of additional measures by Regulation following discussions with the Commission.
The Court’s decision recognises that even though Ireland had not completed the transposition of the Directive by June 2017 as required, Ireland had done so before this case was brought before the Court.
More generally it may be noted that this is a complex area of law.  Directive 2015/849 was a complete restatement of the EU law on money laundering.  It was given effect in Ireland, following very careful analysis and consideration, by a series of amendments to the existing Criminal Justice (Money Laundering & Terrorist Financing) Act 2010 and by highly-technical Regulations from the Department of Finance.  Unlike many other Member States, Ireland requires primary legislation to transpose provisions of EU Directives with criminal penalties.