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EU law which has been opted out of

  • 19-11-2016 03:30PM
    #1
    lawhead12
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi,

    I've been researching what the position of EU provisions which Members States have opted out of is within that member state and have been unable to find any answers.
    I.e. Protocol 21 of the Treaty of Lisbon allows Ireland to opt out of laws regarding freedom, security and justice. What I'm really wondering is, can a directive of the EU based on an issue of freedom, justice or security be used in the Irish Courts as a persuasive authority even though it has not been transposed here.

    Thanks


Comments

  • #2
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    lawhead12 wrote: »
    Hi,

    I've been researching what the position of EU provisions which Members States have opted out of is within that member state and have been unable to find any answers.
    I.e. Protocol 21 of the Treaty of Lisbon allows Ireland to opt out of laws regarding freedom, security and justice. What I'm really wondering is, can a directive of the EU based on an issue of freedom, justice or security be used in the Irish Courts as a persuasive authority even though it has not been transposed here.

    Thanks

    Only if it hasn't been opted out of can it be used in an Irish Court.

    For example the principles of any Directive which hasn't been implemented properly or at all but which we didn't opt out of can still be used under the principles of Vertical Direct Effect.


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