The Supreme Court and EU Law: Reshuffling Institutional Balance

25 Pages Posted: 12 Dec 2019 Last revised: 9 Jan 2020

See all articles by Imelda Maher

Imelda Maher

University College Dublin (UCD) - Sutherland School of Law

Ronan Riordan

Sutherland School of Law, University College Dublin

Date Written: December 12, 2019

Abstract

Irish Courts are not exclusively national courts. They form an integral part of a pan-European Union legal network where domestic courts are increasingly viewed, at least by the Court of Justice of the European Union (EUCJ) as European Courts. Just as national courts are interwoven in this pan-European judicial structure, domestic laws too are interwoven with EU Law with the state under an obligation to give effect to EU law. Interpretation, including resolution of conflicts between domestic and EU norms is the responsibility of national courts. Where interpretation is unclear, the EUCJ can be approached under the preliminary reference procedure, the EUCJ being the sole authoritative interpreter of EU Law. While the role of the EUCJ a-top this pan-European network gives it the unique ability, via its case law, to affect the legislative and policy choices at the national level that relate to EU law, it conversely also has overseen national courts, including those from smaller Member States, playing an unusually significant role in the constitutional developments of the European Union itself.

Keywords: Supreme court, EU, law, European, courts, national, courts

Suggested Citation

Maher, Imelda and Riordan, Ronan, The Supreme Court and EU Law: Reshuffling Institutional Balance (December 12, 2019). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 16/2019, Available at SSRN: https://ssrn.com/abstract=3502794 or http://dx.doi.org/10.2139/ssrn.3502794

Imelda Maher (Contact Author)

University College Dublin (UCD) - Sutherland School of Law ( email )

Dublin D04 V1W8
Ireland
+1 716 4135 (Phone)

HOME PAGE: http://www.ucd.ie/research/people/law/professorimeldapatriciamaher/

Ronan Riordan

Sutherland School of Law, University College Dublin ( email )

Belfield
Dublin 4
Ireland

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