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Unpublished Paper
Does EU law mean that the Equality Tribunal has jurisdiction to disapply secondary legislation?
(2017)
  • Mel Cousins
Abstract
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’.
Keywords
  • EU law,
  • equality,
  • EU supremacy,
  • principle of subsidiarity
Publication Date
2017
Citation Information
Mel 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/