Accepting the Judgments of the Court of Justice of the EU as Authoritative
| Published date | 01 February 2016 |
| Date | 01 February 2016 |
| DOI | 10.1177/1023263X1602300113 |
| Subject Matter | Article |
204 23 MJ 1 (2016)
ACCEPTING THE JUDGMENTS OF THE COURT
OF JUSTICE OF THE EU AS AUTHORITATIVE
e Supreme Court of Ireland, the European
Stability Mechanism and the Importance
ofLegalCertainty
P C and A C*
ABSTRACT
is article discusses the contrasting constitutional models as between Ireland and
Germany of accession to the European Union. Sovereign states are entitled to share a
currency pursuant to treaty. Whether that potential has been lost under the European
Treaties by reason of the transfer of sovereignty is the subject of decisions of the Court of
Justice of the European Union (Court of Justice) and the Supreme Court of Ireland. By
transferring some aspect of sovereignty pursuant to international treaty, certainty of law
and the principle of sovereign state equ ality require adherence to rulings of tribunals set up
under those arrangements. In the case of th e European Union, that is the Court of Justice.
Keywords: European St ability Mechanism; European t reaties; Irish Constitutional Law;
legal certai nty; sovereign state equality
§1. INTRODUC TION
e crisis in Germa n constitutional law so eloquently written a bout by Professor Federico
Fabbrini1 could not happen in Ireland. e earliest expression of reservation by the
German Federal Cons titutional Court (Bundesverfassungsgericht; FCC) was in Brunner
* Judge of the Supreme Cour t of Ireland. is version w as produced with the as sistance of Angeli na Cox
LLB. Both are g raduates of Trinity Col lege Dublin.
1 F. Fabbri ni, ‘A er the OMT Cas e: e Supremacy of EU Law as the Gua rantee of the Equality of t he
Member States’, 16 German Law Jo urnal (2015), p.1003.
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