Clashing Interpretations of EU Rights in Domestic Courts

Files in This Item:
Access to this item has been restricted by the copyright holder until:2020-12-30
File Description SizeFormat 
EURO_26_0202 (1).pdf152.99 kBAdobe PDF    Request a copy
Title: Clashing Interpretations of EU Rights in Domestic Courts
Authors: Thornton, Liam
Permanent link: http://hdl.handle.net/10197/11523
Date: 30-Jun-2020
Online since: 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).
Funding Details: 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
Keywords: Protection applicantsAsylum seekersFreedom to workLabour marketEuropean Union LawIrish LawIrelandReception Conditions DirectiveReception Conditions Directive recast
Other versions: https://kluwerlawonline.com/journalarticle/European+Public+Law/26.2/EURO2020043
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

Show full item record

Page view(s)

81
Last Week
25
Last month
checked on Sep 22, 2020

Download(s)

11
checked on Sep 22, 2020

Google ScholarTM

Check


This item is available under the Attribution-NonCommercial-NoDerivs 3.0 Ireland. No item may be reproduced for commercial purposes. For other possible restrictions on use please refer to the publisher's URL where this is made available, or to notes contained in the item itself. Other terms may apply.