Should Irish Courts Now Disapply Domestic Employment Laws that are Incompatible with EU Directives?

Posted in : Labour & Superior Court Case Law Review Panel on 14 June 2016
Paul Joyce BL
Barrister

This article reviews a very recent decision of the Court of Justice of the European Union (CJEU) – the ‘Dansk Industri vRasmussen’ case - that appears to have major implications for courts (and tribunals) in Member States in terms of how they treat cases where a domestic law is identified as being in conflict with a Directive.

In order to properly understand the potential ramifications of this decision for Member States, it will first be necessary to provide some quite detailed background of the legal principles that have applied until this point and some of the consequences that have followed for employees seeking to assert their entitlements in law.

Paul Joyce BL writes:

The Role of the Court of Justice of the European Union

It is commonly accepted that Irish employment law is heavily influenced by the necessity to comply with European Union (EU) directives. A Directive is a form of EU legislation generally

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This article is correct at 15/06/2016
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Paul Joyce BL
Barrister

The main content of this article was provided by Paul Joyce BL. Contact telephone number is +353 1 874 5690 or email Paul.Joyce@flac.ie

View all articles by Paul Joyce BL