The Supreme Court and EU Law: Reshuffling Institutional Balance

Irish Courts are not exclusively national courts. They form an integral part of a pan-European Union legal network where domestic courts are increasingly viewed, at least bythe Court ofJustice ofthe European Union (CJEU) as European Courts.'Just as national courts are interwoven in this pan-European judicial structure, domestic laws too are interwoven with EU law, the state under an obligation to give effect to EU law. Application, including resolution of conflicts between domestic and EU norms is the responsibility of national courts. Where interpretation is unclear, the CJEU can be approached under the preliminary reference procedure, the CJEU being the sole authoritative interpreter of EU law. While the role of the CJEU a-top this pan-European network gives it the unique ability, via its case law, to affect legislative and policy choices at the national level that relate to EU law, it conversely also has overseen national courts, including those from smaller Member States, playing an unusually significant role in the constitutional developments of the European Union itself.