Competing Supremacies and Clashing Institutional Rationalities: The Danish Supreme Court's Decision in the Ajos Case and the National Limits of Judicial Cooperation

11 Pages Posted: 21 Aug 2017

See all articles by Mikael Madsen

Mikael Madsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts; University of Copenhagen - Faculty of Law

Henrik Palmer Olsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Urska Sadl

European University Institute - Department of Law (LAW); University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: August 2017

Abstract

On 6 December 2016, the Supreme Court of Denmark (SCDK) ruled on the grounds of Ajos case. The ruling concerned the scope of the principle of non‐discrimination on the grounds of age and whether a national court could weigh the principle of non‐discrimination on grounds of age against the principles of legal controversy, as the protection of legitimate expectations. The ruling has caused a great deal of controversy as the SCDK defied clear guidelines from the Court of Justice of the European Union (CJEU) in the ruling. Moreover, the case has been seen by some as an example of a new ‘sovereigntism’ in Danish law that is at odds with the project of European integration through law. This article explains the case from both an EU law and Danish constitutional law perspective. It concludes by providing a set of explanations of the new course of the SCDK in its relationship with the EU.

Suggested Citation

Madsen, Mikael and Olsen, Henrik Palmer and Sadl, Urska, Competing Supremacies and Clashing Institutional Rationalities: The Danish Supreme Court's Decision in the Ajos Case and the National Limits of Judicial Cooperation (August 2017). European Law Journal, Vol. 23, Issue 1-2, pp. 140-150, 2017. Available at SSRN: https://ssrn.com/abstract=3021376 or http://dx.doi.org/10.1111/eulj.12215

Mikael Madsen (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Henrik Palmer Olsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Urska Sadl

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy
27914233 (Phone)
27914233 (Fax)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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