Sinn Féin has today brought an urgent High Court challenge to the Referendum Commission ahead of Thursday's vote.
The party has alleged that the Commission has contaminated the process by an allegedly inaccurate or misleading statement about the ESM treaty on May 3.
The High Court has been told that the Commission later amended its position on May 18.
Today's application for a review is being made on an ex parte basis, meaning only one side is represented in court.
“Sinn Féin has consistently challenged the Government’s claim that emergency funding will not be available if people vote no on Thursday,” said party president Gerry Adams.
“It is our firm view that this is not the case. Sinn Féin has also taken issue with the Referendum Commission’s interpretation of this matter.
“Pearse Doherty’s legal team wrote to the referendum commission on Friday. The letter challenged the Commission’s assertion that the opportunity for a veto on the ESM was now gone. Sinn Féin firmly believes that this is not correct.
“This is a matter of central importance to the referendum. We are looking for the Referendum Commission to acknowledge that the Government is legally at liberty to withhold ratification of the Article 136 amendment to the EU treaties.
“Pearse Doherty’s legal team lodged a Judicial Review this morning and the matter will be heard shortly.”