@article{MaherRiordan, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {The Supreme Court and EU Law: Reshuffling Institutional Balance}, series = {Irish Supreme Court Review}, journal = {Irish Supreme Court Review}, issn = {2565-6562}, pages = {25}, abstract = {Irish Courts are not exclusively national courts. They form an integral part of a pan-European Union legal network where domestic courts are increasingly viewed, at least by the Court of Justice of the European Union (EUCJ) as European Courts. Just as national courts are interwoven in this pan-European judicial structure, domestic laws too are interwoven with EU Law with the state under an obligation to give effect to EU law. Interpretation, including resolution of conflicts between domestic and EU norms is the responsibility of national courts. Where interpretation is unclear, the EUCJ can be approached under the preliminary reference procedure, the EUCJ being the sole authoritative interpreter of EU Law. While the role of the EUCJ a-top this pan-European network gives it the unique ability, via its case law, to affect the legislative and policy choices at the national level that relate to EU law, it conversely also has overseen national courts, including those from smaller Member States, playing an unusually significant role in the constitutional developments of the European Union itself.}, language = {en} } @article{MaherRiordanŠubic, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n and Šubic, Neza}, title = {The European Arrest Warrant Before the Irish Courts: Judicial Dialogue, Mutual Trust, and the Limits of Interpretation}, series = {The Irish Jurist}, volume = {67}, journal = {The Irish Jurist}, pages = {14 -- 54}, language = {en} } @article{RodgerMaherRiordan, author = {Rodger, Barry and Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {A Decade of EU Law in the Courts of Scotland and Ireland: National Legal Systems Compared}, series = {Legal Studies}, journal = {Legal Studies}, edition = {2021}, issn = {1748-121X}, doi = {10.48462/opus4-3598}, pages = {1 -- 25}, abstract = {This article is the first to undertake a comparative statistical study examining the application and trends in European Union ('EU') law before the Scottish and Irish courts over a ten year period from 2009 - 2018. The paper poses the question, how does European integration impact on the domestic legal systems of EU Member States due to the increasing volume, and significance, of cases where EU law is raised and applied within domestic legal systems? It highlights similarities and differences between the two jurisdictions and the fields of law where EU law has been most prominent. The research, focussing on civil law matters, is of particular relevance in light of Brexit. It highlights the potential difficulties implicit in attempting to unpick over 40 years of assimilation of EU law and principles into Scots law and lays the groundwork for a further comparative study after another 10 years on the extent of the impact of Brexit in Scotland and Ireland.}, language = {en} } @techreport{MaherRiordan, type = {Working Paper}, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {The Europeanisation of the Higher Courts in Ireland and Scotland: A Methodology}, publisher = {Dublin EU Law Working Group}, doi = {10197/11249}, abstract = {The discussion paper below sets out the preliminary stages of a project we are working on examining EU Law in the Irish courts. The first stage of the project is an analysis of the cases over the last 10 years (1.1.2009 - 31.12.2018) with an expectation over the medium term of more substantive and doctrinal analysis of how EU Law is applied by the courts.}, language = {en} } @techreport{MaherRiordan, type = {Working Paper}, author = {Maher, Imelda and Riordan, R{\´o}n{\´a}n}, title = {The Supreme Court and EU Law: Reshuffling Institutional Balance}, series = {UCD Law Working Papers in Law, Criminology and Socio-Legal Studies Research Paper Series}, volume = {16}, journal = {UCD Law Working Papers in Law, Criminology and Socio-Legal Studies Research Paper Series}, doi = {10.2139/ssrn.3502794}, pages = {25}, abstract = {Irish Courts are not exclusively national courts. They form an integral part of a pan-European Union legal network where domestic courts are increasingly viewed, at least by the Court of Justice of the European Union (EUCJ) as European Courts. Just as national courts are interwoven in this pan-European judicial structure, domestic laws too are interwoven with EU Law with the state under an obligation to give effect to EU law. Interpretation, including resolution of conflicts between domestic and EU norms is the responsibility of national courts. Where interpretation is unclear, the EUCJ can be approached under the preliminary reference procedure, the EUCJ being the sole authoritative interpreter of EU Law. While the role of the EUCJ a-top this pan-European network gives it the unique ability, via its case law, to affect the legislative and policy choices at the national level that relate to EU law, it conversely also has overseen national courts, including those from smaller Member States, playing an unusually significant role in the constitutional developments of the European Union itself.}, language = {en} }