"Tribunals must (still) apply EU law: A short note on the EU Law Supremacy aspects of An Taisce v An Bord Pleanála" by Mel Cousins

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Unpublished Paper

Tribunals must (still) apply EU law: A short note on the EU Law Supremacy aspects of An Taisce v An Bord Pleanála

(2020)

Mel Cousins

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Abstract

This case concerns the compatibility of aspects of the Planning & Development Act 2000 with EU Directive 85/337 (the Environmental Impact Assessment (EIA) Directive). In the event, the Supreme Court (McKechnie J) held that specific provisions of the Act were inconsistent with the EIA Directive as interpreted by the Court of Justice (CJEU). However, the case is of broader significance because of the comments of the Court on the issue of EU law supremacy which had been raised before in MJELR v WRC.

Keywords

EU law,
Supremacy

Disciplines

Administrative Law and
European Law

Publication Date

July, 2020

Citation Information

Mel Cousins. "Tribunals must (still) apply EU law: A short note on the EU Law Supremacy aspects of An Taisce v An Bord Pleanála" (2020)
Available at: http://works.bepress.com/mel_cousins/122/