A decade of EU law in the courts of Scotland and Ireland: national legal systems compared

Barry Rodger, Imelda Maher, Ronan Riordan

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Abstract

This article is the first to undertake a comparative statistical study examining the application and trends in European Union ('EU') law before the Scottish and Irish courts over a ten year period from 2009 – 2018. The paper poses the question, how does European integration impact on the domestic legal systems of EU Member States due to the increasing volume, and significance, of cases where EU law is raised and applied within domestic legal systems? It highlights similarities and differences between the two jurisdictions and the fields of law where EU law has been most prominent. The research, focussing on civil law matters, is of particular relevance in light of Brexit. It highlights the potential difficulties implicit in attempting to unpick over 40 years of assimilation of EU law and principles into Scots law and lays the groundwork for a further comparative study after another 10 years on the extent of the impact of Brexit in Scotland and Ireland.
Original languageEnglish
Number of pages41
JournalLegal Studies
Publication statusAccepted/In press - 16 Sep 2020

Keywords

  • EU law
  • Scottish courts
  • Irish court
  • domestic legal system
  • Brexit

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