08-05-2025
Ireland faces court action over EU hate crime and cyber laws
Ireland has been given two months to implement separate EU laws on hate speech, cyber security, and cross-border arrests or face being hauled before the European Court of Justice.
In addition to legal action on these three EU laws, the European Commission has also started formal proceedings against Ireland for failing to correctly transpose a directive on landfills.
In a statement, the European Commission detailed three laws that it says Ireland has failed to implement and has sent 'reasoned opinions' to the Government saying it has two months to address the issues or, potentially, be taken to court.
The three laws are:
Council Framework Decision from 2008 on combating racism and xenophobia by criminal laws, in particular provisions on public incitement to hatred and the denial of the Holocaust and other international crimes;
Network and Information Security Directive (NIS2), which members states had to transpose into law by October 17, 2024 in order to bolster cyber security across the EU, including in critical sectors;
European Arrest Warrant (EAW), the cross-border arrest procedure allowing for the surrender of people wanted by authorities to face charges, or sentences, for crimes.
In the statement, the commission said it sent letters of 'formal notice' to Ireland in 2024 on hate crime, as well as Finland in 2021 and 2023.
It said Ireland had transposed some measures after the commission sent its notice.
But it said Ireland had still failed to implement provisions relating to 'criminalising the public incitement to violence or hatred' or the 'condoning, denial or gross trivialisation of international crimes and the Holocaust'.
The second case involves the revised NIS directive, with Ireland being one of 19 EU member states to receive the warning from the commission.
The commission said this 2022 directive had to be fully implemented by last October and that this would improve the resilience and incident response capacities of public bodies and private companies providing critical services — from digital services to water treatment and from energy to transport.
The directive on the EAW relates to certain provisions which haven't been transposed into law.
It said the commission initially wrote to Ireland in October 2020 and again in July 2024.
In each of these cases, it said Ireland had two months to respond and take the necessary measures.
'Otherwise, the commission may decide to refer the cases to the Court of Justice of the European Union,' the statement said.
On NIS2, the Department of Environment, Climate and Communications said: 'While Ireland did not meet the transposition deadline of October 17, 2024 for the NIS2 Directive, it was not alone in this regard.
"Most EU Member States did not meet the transposition deadline, with the majority indicating it would be this year before national legislation would be fully in place.
"It is however important to note significant work has been completed and is ongoing regarding the transposition of the NIS2 Directive into Irish law.'
On the landfill directive, it said the department was reviewing the commission's letter and would engage with other departments and authorities and reply within the timeframe provided.
The Department of Justice was contacted in relation to the other directives.
