A West Clare Councillor is expressing concern that the local authority’s planning laws aren’t compliant with EU regulations.
PJ Kelly says the current practices contradict Article 43 of the EU Treaty, which came under the spotlight thanks to the Flemish Decree Case that the Belgian government lost against the European Courts.
The decree required a sufficient connection between a property buyer and certain Flemish communes, and was found to be an unjustified restriction on fundamental freedoms.
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Clare County Council has assured it is compliant with the treaty but Fianna Fáil Councillor Kelly is concerned that a similar situation has arisen in Clare.
