Law - Masters by Research Theses

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The disapplication of national laws by administrative bodies
(University College Cork, 2022) Kane, James; Gwynn Morgan, David; O'Callaghan, Patrick; Coutts, Stephen; Donnelly, Catherine
Under EU law, administrative decision makers are to disapply national laws which are incompatible with EU law. This principle has comparatively recently received the attention of the Court of Justice in the case of Minister for Justice and Equality v Workplace Relations Commission (hereafter referred to as “WRC” or “the WRC case”). The principle that national law must yield to EU law is well understood in the context of litigation before national courts with full original jurisdiction. However, this principle, and its implications, are perhaps less understood in the context of administrative decision makers which, by their very nature, have limited powers framed by jurisdictional rules found in national law.