Jurisdiction of National Bodies to Disapply National Law in Conflict with EU LawPosted in : Comyn Kelleher Tobin on Employment Law Precedents on 8 January 2019
This case note examines the recent European Court of Justice Ruling in the case of Minister for Justice and Equality, Commissioner of An Garda Siochana v Workplace Relations Commission and Ronald Boyle & Others (Notice Parties), C-378/17 (4th December 2018).
What is the background to this case?
The Irish Supreme Court referred a question for preliminary ruling to the Court of Justice of the European Union (CJEU) as to whether a national body, which was established by law for the purpose of ensuring enforcement of EU law in a particular area, has the ability to disapply a rule of national law that is contrary to EU law.
The notice parties, Ronald Boyle and two others, were excluded
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