Does EU law mean that the Equality Tribunal has jurisdiction to disapply secondary legislation?(2017)
The Irish Supreme Court has decided to refer a question to the Court of Justice of the European Union (CJEU) as to whether EU law requires that the Equality Tribunal has a competence or jurisdiction to disapply secondary legislation. This short note discusses the rather lengthy judgement of Clarke J setting out his reasons in support of that decision. The case suggests – yet again – that the Supreme Court has little understanding of and less interest in equality law. It also suggest a rather worrying questioning of EU law supremacy by the Court in favour of the ‘principle of subsidiarity’.
- EU law,
- EU supremacy,
- principle of subsidiarity
Citation InformationMel Cousins. "Does EU law mean that the Equality Tribunal has jurisdiction to disapply secondary legislation?" (2017)
Available at: http://works.bepress.com/mel_cousins/108/