Articles
Following the Government’s announcement on 6th December 2021, a new scheme will open for an estimated 17,000 undocumented migrants to regularise their status in Ireland. The scheme will be open for applications for a period of 6 months, starting from January 2022. The Scheme will allow undocumented migrants to seek labour without any restrictions. The [...]
Credit "Court of Justice of the European Union" Tasked with the fight against fraud threatening the EU financial interests the newly created European Public Prosecutor Office [EPPO] will create a new range of cross-border investigations that might impact Irish citizens. In her recent paper for ERA Forum, Elise Martin-Vignerte discusses the presence of [...]
The current spread of COVID-19 across Europe is a worrying time for employees and employers alike. It is an unprecedented period and it is important to keep informed. If my employer sends me home or requests that I stay home as a precaution to contain the spread of COVID-19? There is an expectation by the [...]
A revolution in the European Warrant Scheme? In two preliminary judgments on 27/05/2019 the CJEU ruled on the independence of German (C-508/18 and C-82/19 PPU) and Lithuanian prosecutors (C-509/18). While it followed the Advocate General’s opinion in finding the German prosecutor not to be an issuing judicial authority [IJA] within the meaning of art. 6(1) [...]
A judgment of the Court of Justice of the European Union (ECJ) delivered on 04 December 2018 has confirmed that the Workplace Relations Commission (WRC) has jurisdiction to decide to disapply a rule of national law that is contrary to EU law. A preliminary reference was submitted by the Supreme Court to the ECJ arising [...]
McFarlane - A 14 year legal journey to obtain justice In 2010, a 14 year case came to an end before the European Court of Human Rights. James MacGuill, assisted by Aimée McCumiskey, represented Mr McFarlane in the European Court of Human Rights. It was argued, on behalf of Mr McFarlane, that his right under [...]
P.C. and The Minister for Social Protection, Ireland and the Attorney General In July 2017 the Supreme Court issued a ruling in relation to the receipt of the State Pension Contributory (SPC) by old age prisoners. The Court ruled that the legislation governing the entitlement of prisoners to the SPC was invalid and that to [...]
Enactment of the Employment (Miscellaneous Provisions) Act, 2018 The Minister for Employment Affairs and Social Protection has heralded the Employment (Miscellaneous Provisions) Act, 2018 (the “new Act”), which is law as of today, as a “game changer for thousands of employees across the country”. As an employee, how aware are you of this legislation? As [...]
For the Monaghan Bar Association Even the most experienced criminal law practitioners find advising persons in custody to be daunting. With the additional responsibility of being present at the interview the stakes are now much higher and the task more challenging. However in reality advising clients in custody is no different to representing them in [...]