S.I. No. 73/2026 - Rules of the Superior Courts (Interpretation) 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th March, 2026.

We, the Superior Courts Rules Committee, by virtue of the powers conferred upon us by section 36 of the Courts of Justice Act 1924 , section 68 of the Courts of Justice Act 1936 (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ), section 14 of the Courts (Supplemental Provisions) Act 1961 and the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ), and with the concurrence of the Minister for Justice, Home Affairs and Migration, make the following Rules of Court.

Dated this 9th day of October, 2025.

I concur in the making of the following Rules of Court.

GIVEN under my Official Seal,

27 February, 2026.

JIM O’CALLAGHAN,

Minister for Justice, Home Affairs and Migration.

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Interpretation) 2026, shall come into operation on the 20th day of March 2026.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2026.

2. These Rules shall apply in proceedings commenced both before and from the date on which these Rules come into operation.

3. The Rules of the Superior Courts are amended:

(i) by the substitution in rule 1 of Order 125 for the provision:

“references to any Regulation, Directive, Decision or Framework Decision adopted by the Council of the European Union, whether or not jointly with any other institution of the European Union, shall (save where any such amendment or extension does not have force of law in the State) be deemed to be references to such Regulation, Directive, Decision or Framework Decision as amended or extended from time to time.”

of the following provision:

“references to any Regulation, Directive, Decision or Framework Decision (hereinafter, an “EU instrument”) adopted by the European Union, shall be deemed to include references to:

(i) such EU instrument as amended or extended from time to time, and

(ii) where such EU instrument is recast or codified, and replaced, by a subsequent EU instrument, to such subsequent EU instrument,

save where any such amendment or extension, or recast or codified EU instrument does not have force of law in the State.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules update Order 125 Rule 1 by including references to EU Instruments that have been recast.