International Protection Act 2026
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Crisis and force majeure | ||
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239. (1) Subject to subsection (7), where the Government consider that the State is in a situation of crisis or force majeure, the Government may, at the request of the Minister, by order declare that the State is in such a situation and— | ||
(a) authorise the Minister to submit a reasoned request to the European Commission in accordance with Article 2 or 8 of the Crisis and Force Majeure Regulation, | ||
(b) authorise the Minister to make a request referred to in Article 5(2) of that Regulation, or | ||
(c) authorise the Minister to make the notification under Article 10(6) of that Regulation. | ||
(2) Where a Council implementing decision is made in respect of the situation of crisis or force majeure under Article 4(3) of the Crisis and Force Majeure Regulation, the Minister may, in accordance with the terms of the decision, make such regulations as are necessary for the purpose of applying the derogations under Article 10, 11, 12 or 13 of that Regulation that the State is authorised by that decision to apply. | ||
(3) Where the making of a notification referred to in Article 10(6) of the Crisis and Force Majeure Regulation is authorised under subsection (1) and the notification is made by the Minister to the European Commission, the Minister may make regulations for the purposes of applying the derogation referred to in Article 10(1) of that Regulation for a period not exceeding 10 days from the day following the date of the submission of the reasoned request concerned under Article 2 of that Regulation. | ||
(4) Without prejudice to the generality of subsections (2) and (3), the regulations— | ||
(a) may modify the application of provisions of this Act for the purpose of applying the derogations under Article 10, 11, 12 or 13 of the Crisis and Force Majeure Regulation, | ||
(b) shall comply with the Crisis and Force Majeure Regulation, in particular Article 5(3) thereof, and | ||
(c) may provide for the matters referred to in Article 15 of the Crisis and Force Majeure Regulation. | ||
(5) Subject to subsection (7), where, as a result of the measures required to support a Member State facing a situation of crisis included in a Council implementing decision under Article 4 of the Crisis and Force Majeure Regulation, the Government consider that the State is facing a situation of crisis, the Government may, at the request of the Minister, by order— | ||
(a) declare that the State is facing such a situation, and | ||
(b) authorise the Minister to submit a request, in accordance with Article 9(7) of the Crisis and Force Majeure Regulation, under Article 2 of that Regulation. | ||
(6) Notwithstanding Part 7 , where a recommendation is made by the European Commission under Article 14(1) of the Crisis and Force Majeure Regulation, and the Determining Authority omits the substantive interview under Part 7 for the purposes of the consideration of an application the subject of the recommendation or prioritises the examination of an application the subject of that recommendation in accordance with section 150 , the Determining Authority shall conclude the examination of the merits of the application no later than 4 weeks from the lodgement of the application. | ||
(7) Where an order is proposed to be made under subsection (1) or (5), a draft of the order and a draft of the reasoned request referred to in subsection (1)(a), request referred to in subsection (1)(b), notification referred to in subsection (1)(c) or request referred to in subsection (5)(b), as the case may be, shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft order has been passed by each such House. | ||
(8) In this section, the “Crisis and Force Majeure Regulation” means Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 202422 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147. | ||
(9) A word or expression that is used in this section and is also used in the Crisis and Force Majeure Regulation shall have the same meaning as it has in that Regulation unless the context otherwise requires. | ||