The owner of a fishing vessel has lost his appeal in an action taken against the Minister for Agriculture, Fisheries and Food. The Court of Appeal agreed with the High Court that the proceedings should have been taken by way of judicial review.
Eu Law
Northern Ireland courts could have the power to depart from the acquis of EU law under proposals set out by the UK government yesterday. At present, only the UK Supreme Court and the High Court of Justiciary in Scotland will have this power from 31 December 2020.
Colin Russell, trainee solicitor at William Fry, considers a recent European Court of Justice ruling that copyright protection can apply to a product's shape. In a case concerning the Brompton folding bicycle, a Belgian court sought a preliminary ruling from the European Court of Justice (ECJ) on wh
The European Commission has opened two formal competition investigations into Apple in relation to its App Store and Apple Pay. The App Store investigation will examine restrictions imposed by Apple in its agreements with companies that wish to distribute apps to users of Apple devices.
Lawyers have shared their perspectives and experiences of building a career in EU law in an online event hosted by the Irish Society for European Law (ISEL) and the Young Bar Committee of The Bar of Ireland. Yesterday's joint webinar heard from Anne Riley, who recently retired as head of global anti
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 disregard social security certificates allegedly based on fraud
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