Unpublished Paper
Does EU law mean that the Equality Tribunal has jurisdiction to disapply secondary legislation?
(2017)
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’.
UPDATE: on 11 September 2018, the Advocate General opined that
'A rule of jurisdiction ... which divides jurisdiction in specific cases between a statutory body and an ordinary court on the basis of the nature of the complaint made, is not precluded by EU law, provided that no concurrent jurisdiction may arise within the same complaint.'
Much of the AG's opinion, contrary to my own views, is favourable to the position advanced by the Supreme Court. However, the potential sting in the tail is that (in my view) concurrent jurisdiction clearly may arise. But, on the other hand, the Irish Supreme Court would have to agree with this conclusion. The final ruling of the CJEU is awaited.
Keywords
- EU law,
- equality,
- EU supremacy,
- principle of subsidiarity
Disciplines
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/