Options
Clashing Interpretations of EU Rights in Domestic Courts
Author(s)
Date Issued
2020-06-30
Date Available
2020-09-01T11:07:17Z
Abstract
This article explores Ireland's compliance with European Union law as it pertains to the right to work for asylum seekers. The introduction of the European Communities (Reception Conditions) Regulations 2018 sought to differentiate freedom to work for protection applicants in the substantive status determination process, and protection applicants subject to an un-executed Dublin transfer order. This article highlights the conflict in interpretation of Irish/EU law that has arisen between the Irish High Court and the International Protection Appeals Tribunal (IPAT). While this issue will now be decided by the Court of Justice of the European Union, it is argued that the decision of IPAT is correct: EU law only acknowledges the existence of one type of protection applicant, and Irish law, as currently drafted does not meet the requirements of the EU Reception Conditions Directive (recast).
Sponsorship
University College Dublin
Type of Material
Journal Article
Publisher
Kluwer Law
Journal
European Public Law
Volume
26
Issue
2
Start Page
243
End Page
263
Copyright (Published Version)
2020 Kluwer Law
Language
English
Status of Item
Peer reviewed
ISSN
1354-3725
This item is made available under a Creative Commons License
File(s)
Owning collection
Views
560
Last Week
3
3
Last Month
11
11
Acquisition Date
Mar 28, 2024
Mar 28, 2024
Downloads
440
Last Week
2
2
Last Month
18
18
Acquisition Date
Mar 28, 2024
Mar 28, 2024