Workplace Relations Commission – CJEU Judgment (Ireland, 2018)

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 enforcement of EU law can disapply a rule of national law that is contrary to EU law. The CJEU reiterated that the duty to disapply national legislation that is contrary to EU law is owed not only by national court but also by all organs of the state, including administrative authorities applying EU law in the exercise of their powers. The Irish legislature chose to confer the power of ensuring compliance with [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32000L0078 Directive 2000/78] on the Workplace Relations Commission. Therefore, if this institution is faced with a dispute involving the observance of the Directive, it must disapply national provisions which limit the full protection of the Directive. Not allowing the Workplace Relations Commission to disapply conflicting national provisions would render the protection of the Directive less effective. The CJEU held that unity and effectiveness of EU law musn’t be undermined by national provisions. The CJEU therefore concluded that a national body established to ensure enforcement of EU law is justified in disapplying rules of national law which are contrary to EU law.