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Oct 2, 2018 at 16:16 comment added JonathanReez @illustro yes and I explicitly mention you can indeed be delayed. There's no country where that's not the case, even if their citizens do have an absolute right in the full sense of it
Oct 2, 2018 at 16:06 comment added illustro the question isn’t being asked about being denied access. It’s asking was the Border agent allowed to delay access in the way that they did. The answer to can they delay is an important distinction, and is not addressed by your answer. It’s also misleading because of the use of the word absolute, which is has a specific legal meaning in this context.
Oct 2, 2018 at 15:57 comment added JonathanReez @illustro for all practical intents and purposes, there's absolutely no chance of an Irish citizen being refused entry to Ireland as of 2018. Arguing about the constitutional rights is a distraction.
Oct 2, 2018 at 15:52 comment added illustro there is an important difference in law between an absolute right and a limited right. If you posses an absolute right to something the state cannot prevent or delay you from exercising that right. In the case of entry into a country they can (for a variety of reasons) delay your entry if you are a citizen of the country. These reasons can include verifying that you had the proper travel documents for your trip. In the case of Ireland (the context of this question) the difference between a fundamental right and an absolute right is important.
Oct 2, 2018 at 15:48 comment added JonathanReez @illustro if you refuse your own citizen entry over only having the passport card, you can expect huge public outroar and most likely a lost ECJ case for compensation over your troubles. It's not happening no matter what the border guards might try to tell you.
Oct 2, 2018 at 15:39 comment added illustro Article 52 also allows those rights to be limited by laws of the relevant jurisdictions
Oct 2, 2018 at 15:38 comment added illustro The constitutional position in Ireland is that there are no absolute rights. Articles 52 of the Charter of Fundamental Rights (the document that actually lays out what they are) states that the fundamental rights must be interpreted in harmony with the constitutional traditions common to the member states. In Ireland’s case that includes its constitutional position on the absoluteness of any rights.
Oct 2, 2018 at 15:31 comment added JonathanReez @illustro not as long Ireland is a member of the EU and as such a subject of the ECJ. Being able to enter your own country is fundamental right that can only be taken away by stripping your citizenship.
Oct 2, 2018 at 9:44 comment added illustro There are no absolute rights to anything in Ireland. The first statement of your answer is just factually wrong. (Source: citizensinformation.ie/en/government_in_ireland/…).
Oct 1, 2018 at 14:06 vote accept Paddez
Oct 1, 2018 at 14:07
Sep 27, 2018 at 15:44 history answered JonathanReez CC BY-SA 4.0