Mr Justice Scoffield delivered the declaration at Belfast Excessive Court docket after a Belfast man, Sean Napier, introduced judicial evaluate proceedings into the lawfulness of the DUP transfer.
The case centred round DUP chief Sir Jeffrey Donaldson’s announcement final month that his get together would disengage with the North South Ministerial Council (NSMC) conferences as a part of their marketing campaign of opposition to the protocol.
Mr Justice Scoffield stated: “The respondents’ determination to withdraw from the North South Ministerial Council was and is illegal.
“It frustrates, is opposite to and is in breach of authorized duties contained partly 5 of the Northern Eire Act 1998.”
He stated that wording of the declaration had been agreed by authorized counsel for each the applicant and the respondents.
Mr Justice Scoffield stated: “The statutory scheme, per the Good Friday settlement, is about up to make sure that an acceptable minister should take part within the North South Ministerial Council, or no less than nominate another minister to take part of their place.
“The proof clearly recommended that particular person DUP ministers had neither been attending nor nominating one other designated unionist minister to attend of their place.
“A scenario the place North South Ministerial Council conferences are unable to proceed due to the circumstances above is, for my part, plainly a results of illegal behaviour.”
The decide continued: “Ministers of the Northern Eire govt are required to affirm the pledge of workplace, set out as a part of the Northern Eire govt ministerial code.
“That features a dedication to take part within the North South Ministerial Council and the British Irish Council.
“It’s tough for the court docket to succeed in every other conclusion than that the respondents have consciously decided to behave in contravention of the pledge of workplace and the ministerial code.”
Mr Justice Scoffield identified that the choice to not attend the north-south conferences was underneath path from the DUP chief.
He added: “It’s maybe price emphasising the every minister of the Northern Eire govt bears private duty to adjust to the pledge of workplace and the ministerial code.
“The court docket expects the respondents to adjust to their authorized obligations.”
Mr Justice Scoffield stated he wouldn’t take any additional motion for the time being, however stated if there was no change to the scenario the applicant may return to court docket.
“The court docket clearly possesses additional powers. However, for my part, it might be a sorry spectacle for these powers to need to be invoked.”