Workplace Relations Commission – CJEU Judgment (Ireland, 2018)

CJEU Judgment
Court of Justice of the European Union4 December 2018Ireland
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.

The Court of Justice of the European Union ruled on whether a national body like Ireland's Workplace Relations Commission can ignore national law if it conflicts with EU law. This case involved age discrimination claims against the Irish police force's recruitment policy. The ruling clarifies the powers of national bodies in enforcing EU law.

What happened

The CJEU addressed whether a national body must be able to disapply national law if it conflicts with EU law.

Who was affected

Three individuals excluded from recruitment to the Irish police force due to age limits.

What the authority found

The Court of Justice held that national bodies must be able to disapply national law if it conflicts with EU law, ensuring the effectiveness of EU law.

Why this matters

This ruling emphasizes the supremacy of EU law over conflicting national laws, ensuring that national bodies can enforce EU rights effectively. It is significant for businesses and individuals relying on EU law protections.

National Law Articles

Admissions and Appointments Regulation
Article 34 Constitution of Ireland
Decision AuthorityCJEU
Reviewed AuthoritySupreme Court (Ireland)
Full Legal Summary
Detailed

The Supreme Court of Ireland requested a preliminary ruling on whether a national body established in order to ensure enforcement of EU law must be able to disapply a rule of national law that is contrary to EU law. Three people were excluded from a recruitment procedure of the national police force of Ireland (Án Garda Síochána) due to the fact that they were above the maximum age for recruitment. They brought a complaint before the Equality Tribunal alleging that the setting of a maximum age limit constitutes discrimination prohibited by [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32000L0078 EU Directive 2000/78] and Irish law transposing the Directive. The Equality Tribunal is a body of the Workplace Relations Commission of Ireland. The Minister for Justice and Equality argued that the Equality Tribunal lacked jurisdiction as the Admissions and Appointments Regulation was an instrument of national law and that only courts established under the Constitution of Ireland had jurisdiction to disapply such an instrument. The Equality Tribunal proceeded to consider the complaints but provided that it would consider the jurisdictional issue. The Minister for Justice and Equality brought an action before the High Court of Ireland to prohibit the Equality Tribunal from acting contrary to national law and the order was upheld by the High Court. The High Court held that the Tribunal lacked jurisdiction to issue a legally binding decision on the incompatability of national and EU law as under [https://www.irishstatutebook.ie/eli/cons/en/html Article 34 of the Constitution of Ireland] this was reserved solely for the High Court. The Equality Tribunal appealed the decision to the Supreme Court which sided with the argument of the High Court but examined whether such a division of jurisdiction complies with the principles of equivalence and effectiveness. The CJEU stated that in essence, the referring court asked whether a national body established to ensure

Outcome

CJEU Judgment

A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.

Related Cases (0)

No other cases found for Workplace Relations Commission in IE

This is the only recorded case for this entity in this jurisdiction.

Details

Judgment Date

4 December 2018

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Workplace Relations Commission - Ireland (2018). Retrieved from cookiefines.eu

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