This Comment argues that a ban on information regarding the availability of abortion in other Member States violates the Treaty by obstructing the free movement of services. Part I of this Comment examines the provision in Community law for the free movement of services and tracks the development of laws regulating abortion in Ireland and the Community. Part II discusses Society for the Protection of Unborn Children (Ireland) Ltd. v. Grogan, in which the Court of Justice declined to address the validity of Ireland's ban on information regarding the availability of abortion services in England. Part III argues that the Court of Justice should have taken the opportunity to pronounce that this ban on information obstructs the free movement of services in violation of Community law. In addition, Part III discusses the failure of the Court of Justice to resolve the conflict between competing fundamental human rights. This Comment concludes that by permitting the injunction issued by the Irish Supreme Court, the Court of Justice has slowed the integration of the Community.
Cathleen M. Colvin,
Society for the Protection of Unborn Children (Ireland) Ltd. v. Grogan: Irish Abortion Law and the Free Movement of Services in the European Community,
15 Fordham Int'l L.J. 476
Available at: http://ir.lawnet.fordham.edu/ilj/vol15/iss2/7