Eu Law

The Supreme Court has held that the High Court erred in granting certiorari of the Minister for Justice’s refusal of an application for liberty to enter and remain in the State. The judgment concerned the interpretation and application of Directive 2004/38/EC On the Right of Citizens of the Un

Draft legislation to ban Israeli goods from the occupied Palestinian territories in Ireland will be "impractical" to enforce, Attorney General Séamus Woulfe SC has said. The Occupied Territories Bill was introduced by Independent Senator Frances Black in 2018 and was widely supported, bu

Patrick Penninckx, head of the information society department at the Council of Europe, conducted a webinar entitled Artificial Intelligence and Human Rights this week. It was organised by the European Law Students Association (ELSA) as part of a series of webinars on law and technology. The sp

Senator Michael McDowell gives his view on the developing row between the German federal courts and the European Union. Over the last few weeks, a furore has been whipped up about the decision of the German federal constitutional court at Karlsruhe, the Bundesverfassungsgericht (BVerfG for short), i

A British member of the Court of Justice of the European Union is suing her judicial colleagues after they attempted to sack her on the basis the UK has left the EU, The Critic reports. Advocate General Eleanor Sharpston QC has launched a claim in another of the EU courts after the EU issued a decla

The European Union has begun legal proceedings against Poland for undermining the rule of law as it expressed “serious concern” the country will not host "free and fair" elections next month. Mateusz Morawiecki, the prime minister of Poland, has said a postal ballot will take place next

Ronan Daly Jermyn partner Diarmaid Gavin and trainee Kate Murphy explore the European Commission's response to the coronavirus pandemic. On 19 March 2020, the European Commission adopted a temporary framework for state aid measures to support the economy of member states in the current Covid-19 outb

EU member states cannot unilaterally rely on alleged fraud to set aside certificates for social security coverage validly issued by another member state, the European Court of Justice has ruled in a landmark judgment on the posting of workers. Although member states can disregard certificates which

Poland, Hungary and Czechia broke EU law by refusing to comply with mandatory quotas for relocating asylum seekers, the Court of Justice of the European Union (CJEU) has ruled. The three EU member states can rely neither on their responsibilities concerning the maintenance of law and order and the s

A joint statement issued by Ireland and 13 other European countries has raised concern about "the risk of violations of the principles of rule of law, democracy and fundamental rights" in responses to the coronavirus pandemic. The short statement was agreed by the governments of Ireland, Belgium, De

The UK Supreme Court is "still obliged" to refer questions over unclear EU laws to the Court of Justice of the European Union (CJEU) at this stage of the Brexit process, Lord Hodge has said. The deputy president of the court made the remarks yesterday as he delivered, via video link, the court's una

Justice Minister Charlie Flanagan has welcomed a focus on asylum policy and victims' rights at the first Justice and Home Affairs Council meeting since the new European Commission took office. Ministers were given the opportunity to meet the new Commissioners over the course of two days of meetings

Ireland has been ordered to pay a lump sum of €5 million to the European Commission and a further penalty of €15,000 per day until it complies with a European court ruling concerning a wind farm which was handed down over a decade ago. The Grand Chamber of the Court of Justice of the Europ

Concerns have been raised about the possibility of delays to the work of the new €1.25 billion Land Development Agency (LDA) because of EU state aid rules. Confidential legal advice drawn up by a Dáil legal adviser for the Oireachtas housing committee, seen by The Irish Times, warns that

EU law does not preclude a host provider such as Facebook from being ordered to remove identical and, in certain circumstances, equivalent comments previously declared to be illegal nor does it preclude such an injunction from producing effects worldwide – within the framework of the relevant