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In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Introduction to the core foundations of EU law, with relevant Irish examples and practices.
The production, marketing and exportation of food is particularly important to the Irish economy. The sector continues to grow and has played a very significant role in Ireland's financial recovery. This important new book provides a much needed overview of the field. It traces the history and development of the fledgling system of food law as it was in Ireland during colonial times and the Irish Free State, through to an examination of the current dynamic relationship between International, European Union and domestic laws on matters such as food safety, food labelling and advertising, protected food names, hygiene and food contamination. The book also contains detailed assessments of the ways in which the law is used to address current health concerns, such as those related to nutrition, obesity and alcohol abuse, as well as such issues as food fraud, animal welfare, organics and the use of technologies like genetic modification, cloning and nanotechnology in food production.
This title provides a clear overview of its subject, focusing on the practical issues that confront lawyers on a daily basis. Written by an acknowledged expert, the manual provides detailed analysis of recent cases and legislation.
The book 2013 marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law. The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR. The impact of the ECHR in Irish law is a particularly rich subject for analysis, given the strong tradition of rights review by the Irish judiciary in interpreting the fundamental rights guarantees in the Irish Constitution. While the Irish statute is superficially similar to the Human Rights Act in the United Kingdom, the context in which it operates is radically different, given the pre-eminent role of the Irish Constitution in shaping domestic human rights law. As well as outlining the specific domestic context in which the ECHR operates in Ireland, the book also includes comparative insights from the United Kingdom context as to the impact of the Human Rights Act to date in that jurisdiction. Additional themes of the book include the development of ECHR jurisprudence and its effects in the domestic setting on asylum, immigration, criminal justice, children, mental health patients, gender recognition and the limits and potential of the ECHR as regards combating poverty.
The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.
A user-friendly, accessible textbook that guides readers through the complex maze of recent legal developments and demystifies significant elements of EU Law. - A comprehensive survey of EU Law focusing on the core issues examined on courses taken by students in Ireland, i.e.: - EU institutions - Principles and enforcement of EU Law - Relation of EU Law to Irish Law - The 'Four Freedoms' Free Movement of Goods, Free Movement of Persons, Freedom of Establishment and Free Movement of Services - Competition Law - This edition also deals with EU Law up to and including the recent efforts to reform EU Institutions and law, such as the Constitution - Furthermore, this book looks at the questions posed by the decisive defeat of the Lisbon Treaty in Ireland, such as its impact on the EU institutional structure, prospects for future reform and the relationship betweenEU and Irish law - An invaluable tool for business, public administration and other students who need a practical understanding of EU Law - An essential revision textbook for students pursuing a law qualification, particularly those sitting the Final Exam - First Part of the Law Society of Ireland
Confused by the Northern Ireland issue in Brexit? This is the book explaining the complex legal arrangements addressing that problem.
Ipso Factos: EU Law covers the core principles of EU law from an Irish law perspective in a simple, clear and succinct manner. As EU law is a complex area this text presents the law in straightforward and concise language. Ipso Factos: EU Law covers the essential points of the law and is ideal as an introductory text and a revision aid for students for exam purposes. The text reflects the subject requirements of the EU law undergraduate courses students need to be familiar with and include additional chapters benefiting students sitting professional exams in Blackhall Place (Law Society of Ireland). The book includes commentary on Irish case law relevant to students studying EU Law at Irish universities and colleges or for Irish professional exams such as Blackhall Place and King's Inns entrance exams. This unique commentary contains specific chapters on supremacy and competition law, important exam areas in the Irish exam syllabus.