Martina Benackova – 3rd year LLB student at UCL
In the Ajos case, the Supreme Court of Denmark (SCDK) referred to the European Court of Justice (ECJ) two questions relating to the compatibility of paragraph 2a(3) of the Danish Salaried Employees Act with Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation.
Despite the clear instructions received from the ECJ, the SCDK refused to set aside the conflicting provision of national law, giving precedence to national law over EU law instead.
This paper shortly summarises the facts of the case and the reasoning of the SCDK, discussing them in the framework of the Treaty principles of supremacy of EU law and loyal cooperation. It then maintains that the decision of the SCDK in Ajos is an illustration of judicial disobedience of a national Court vis-à-vis the ECJ, which threatens the doctrine of the primacy of EU law as established by the European Court in the landmark decision Costa v ENEL.
the KSLR EU Law Blog hereby invites you to submit blogposts in any field of EU law.
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Giulia Gentile Giorgia Sangiuolo
Konstanstina Perifanou Angel Kaloyanov
Elisabeth Talbourdet – King’s College London Dickson Poon School of Law Alumnus (‘16)
The future of the Transatlantic Trade & Investment Partnership (TTIP) is uncertain at best. Although it may never come to an existence, one of the most important novelties introduced by the TTIP, and which seems destined to stay, is its new Investor-State dispute resolution mechanism, the ‘Investment Court System’ (ICS). Indeed, even if not included in the TTIP, the idea of an ICS is present in other investment treaties, such as the Comprehensive Economic and Trade Agreement (CETA) with Canada.
The KSLR EU Law Blog is pleased to share with you a EU-related project managed by “Foraus Global”, a Swiss think tank on foreign policy.
In view of the 60th anniversary of the Treaty of Rome establishing the European Economic Community on 25 March 2017, Foraus Global is publishing a short collection of ideas to reform European cooperation.
For more information, please visit the following page: europe.think.again project.
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The KSLR EU Law Blog editorial team
Agne Limante (MA, PhD) is a Research Fellow at the Law Institute of Lithuania.
The duty of last instance national courts to submit preliminary references to the Court of Justice of the European Union (CJEU) is analysed by academics almost exclusively in the light of the Luxembourg Court’s case law. However, the case law of European Court of Human Rights (ECtHR) also appears to be relevant in this context. In several instances the ECtHR was asked whether non-referral of preliminary questions to the CJEU constituted a breach of Article 6 ECHR, guaranteeing the right to a fair trial. This post aims at providing some reference in this regard. First, it briefly describes the rules governing the preliminary reference procedure. Then, it analyses the ECtHR’s judgements relevant to this subject. Some conclusions will follow.