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Category: Courts

Tá stair déanta maidin Lá Fhéile Pádraig i gCúirt Bhreithiúnais an Aontais Eorpaigh

17 March, 2021
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| Courts, ECJ, Gaeilge

Rinneadh stair maidin inniú, nuair ar thug Cúirt Bhreithiúnais an Aontais Eorpaigh síos a chéad bhreithiúnas as Gaeilge. I gCás C-64/20 UH v An tAire Talmhaíochta, Bia agus Mara, Éire agus An tArd-Aighne, chinn an chúirt go bhfuil sé de cheangal ar chúirt de chuid Ballstáit leas a bhaint as an gcumhacht arna deonú di faoin dlí náisiúnta chun dearbhú breithiúnach a ghlacadh ina sonrófar nár thrasuigh an Stát sin treoir de chuid an Aontais Eorpaigh i gceart agus go bhfuil sé de cheangal air é sin a leigheas. Tá an breithiúnas iomlán as Gaeilge anseo. Sa físeán sa tvuít thíos, tá an Breitheamh Ríagáin ag fógairt achoimre ar bhreithiúnas na Cúirte:

Dúradh gur comhtharlú sona é gur tugadh an breithiúnas stairiúil seo ar Lá Fhéile Pádraig – beannachtaí na féile daoibh go léir!…

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Judges look to foreign counterparts for guidance, survey shows – The Irish Times – Mon, Jan 24, 2011

24 January, 2011
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| Courts, General

BRIAN FLANAGAN

WE ARE SAID to be living in an era of “cosmopolitan constitutionalism”, in which lawyers and judges increasingly look abroad for guidance when interpreting their own constitutions.

The practice is controversial in the US, where Congress has denounced references to the law of European nations in cases concerning sexual equality and the death penalty.

A judge is said to use “foreign law” when he or she interprets domestic laws by reference to the law of other nations.

In an Irish context, it would include seeking guidance from US Supreme Court decisions say, but not from those of the European Court of Human Rights, whose authority Ireland has officially recognised.

Establishing why judges look abroad, how often they do it, and which sorts of countries they look to will reveal whether “cosmopolitan constitutionalism” is likely to benefit the development of Irish law.

via irishtimes.com

Brian Flanagan is a lecturer in the department of law at NUI Maynooth. He and Sinéad Ahern, a PhD candidate in clinical psychology at UL, conducted an international survey of Supreme Court judges in which the judges were asked in confidence about their use of foreign law. The results will be published in the International Comparative Law Quarterly.

…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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