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Private enforcement of European Union Law in the Irish Superior Courts
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Date
2024
Authors
O'Reilly, Seán
Journal Title
Journal ISSN
Volume Title
Publisher
University College Cork
Published Version
Abstract
The Court of Justice of the European Union has spoken in strong terms of the importance of effective judicial protection of EU law rights as a core element of an EU legal order founded on the rule of law. To complement the public enforcement system set down in the Treaties, the Court of Justice developed doctrines of direct effect, consistent interpretation and State liability in which breaches of EU law became actionable before the national courts of the Member States. This is referred to as the “private enforcement” of EU law. However, in order to make its vision of the EU legal order a reality, the Court of Justice relies on the willingness of national courts to share and invest in that vision. This thesis explores the development of the case law of the Irish Superior Courts concerning each of the doctrines of private enforcement.
The thesis begins with an examination of the direct effect jurisprudence. The elements of this examination are: (i) the evolution of Irish jurisprudence concerning so-called “exclusionary direct effect”; (ii) the approach of the Irish Superior Courts to the prohibition against the horizontal direct effect of directives, including Irish jurisprudence on the concept of an “emanation of the State” and the jurisdiction of bodies other than courts to disapply Irish law which is incompatible with directly effective EU law; and (iii) the relationship between direct effect and the other doctrines of private enforcement.
The thesis goes on to examine the consistent interpretation jurisprudence. This examination has a particular focus on the limits of the doctrine of consistent interpretation. First, the jurisprudence in which the Irish courts have explored the interaction between fundamental rights and the duty of consistent interpretation is considered. Second, the Irish jurisprudence on the contra legem limitation to the doctrine is examined. The established Irish law canons of construction have played an important role in framing the Irish courts’ approach to that limitation. Third, the extent to which the doctrine of consistent interpretation has caused the Irish courts to recognise new rules of statutory interpretation is explored.
The thesis goes on to examine the State liability jurisprudence. This examination is comprised of two elements. First, I explore Irish jurisprudence on each of the three criteria for State liability, namely: (1) conferral of rights; (2) a “sufficiently serious” breach of EU law; and (3) proof of a causal link. Second, the place of State liability within the Irish tort law system is explored. This analysis considers the Irish courts’ preference for treating State liability as an entirely distinct cause of action choice over fitting it within an existing domestic tort.
The thesis then concludes by setting out a number of overarching insights into the enforcement of EU law before the Irish courts. First, in instances where the Irish courts’ approach to a particular aspect of a doctrine of private enforcement has evolved over time, it has been towards greater integration of EU law. Second, while the Irish courts have, generally speaking, embraced the doctrines of private enforcement faithfully, there is evidence that in difficult cases, where the interaction between the doctrines of private enforcement and established principles of Irish law is uncertain, the Irish courts seek to insulate those established principles from the potentially transformative effect which the doctrines of private enforcement may have upon them. Third, the Irish courts’ approach in relation to certain elements of the doctrines of private enforcement has been inconsistent. The ultimate conclusion drawn from the analysis presented in this thesis is a confirmation that the complex process of the integration of EU law into Member State legal systems is not characterised in practice by the blind obedience of the national courts.
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Keywords
Private enforcement , EU law , Direct effect , Consistent interpretation , State liability
Citation
O'Reilly, S. 2024. Private enforcement of European Union Law in the Irish Superior Courts. PhD Thesis, University College Cork.