TY - JOUR A1 - Maher, Imelda A1 - Riordan, Rónán T1 - The Supreme Court and EU Law: Reshuffling Institutional Balance JF - Irish Supreme Court Review N2 - 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. Y1 - 2021 SN - 2565-6562 N1 - As preprint available here: Maher, Imelda and Riordan, Ronan, The Supreme Court and EU Law: Reshuffling Institutional Balance (December 12, 2019). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 16/2019, Available at SSRN: https://ssrn.com/abstract=3502794 or http://dx.doi.org/10.2139/ssrn.3502794 ER - TY - JOUR A1 - Rodger, Barry A1 - Maher, Imelda A1 - Riordan, Rónán T1 - A Decade of EU Law in the Courts of Scotland and Ireland: National Legal Systems Compared JF - Legal Studies N2 - 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. KW - EU law KW - Scotland KW - Ireland KW - national legal systems KW - Brexit Y1 - 2021 U6 - https://doi.org/10.48462/opus4-3598 SN - 1748-121X N1 - This is a peer-reviewed, accepted author manuscript of the following article: Barry Rodger, Imelda Maher, & Rónán Riordan: A decade of EU law in the courts of Scotland and Ireland: national legal systems compared, in Legal Studies 2021, https://doi.org/10.1017/lst.2020.46 SP - 1 EP - 25 ET - 2021 ER -