RSS 1.0School of Law
Recent Submissions
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The New Anticipatory Governance Culture for Innovation: Regulatory Foresight, Regulatory Experimentation and Regulatory Learning
(2024)With the rapid pace of technological innovation, traditional methods of policy formation and legislating are becoming conspicuously anachronistic. The need for regulatory choices to be made to counter the deadening effect ... -
Support measures for child witnesses in criminal proceedings in Ireland
(Trinity College (Dublin, Ireland). School of Law, 2016)Recent constitutional, legislative and cultural changes have encompassed a significant restructuring of the rights framework for the child in Irish society. This thesis explores how this has affected the child witness in ... -
How has the case law taken by Roma applicants to the European Court of Human Rights affected the interpretation and development of Article 14 of the European Convention on Human Rights?
(Trinity College (Dublin, Ireland). School of Law, 2017)This thesis is based on the development of Article 14 of the European Convention on Human Rights in light of the cases taken by Roma to the European Court of Human Rights. Three distinct areas will be covered: Article 14 ... -
The Horizontal Effect of the European Charter of Fundamental Rights in EU Labour Law
(Trinity College Dublin. School of Law. Discipline of Law, 2024)In 2018, in Bauer and Broßonn, the Court of Justice of the European Union (CJEU) ruled that a worker can enforce the right to paid annual leave against his or her employer based on the Charter of Fundamental Rights of ... -
Maria Grazia Porcedda, The GDPR as a cyber risk management system: the ECJ cautiously tackles data breaches in the NAP case
(European Law Blog, 2024)When the Bulgarian National Revenue Agency (Natsionalna agentsia za prihodite or the ‘NAP’) suffered a malicious data leak in 2019, it joined the growing ranks of organizations affected by cyberattacks. With security ... -
The European Union's Forced Labour Regulation: Putting the `Brussels Effect' to work for international labour standards
(2023)In September 2022, the Commission adopted a proposal for a Regulation on prohibiting products made with forced labour on the Union market. This arises in a context of rising concern over many years about breaches of workers’ ... -
Ireland
(Hart Publishing, 2024)As readers will be aware, Directive 2022/2041/EU on adequate minimum wages in the European Union ‘sets a dual goal’: ‘improving the adequacy of statutory minimum wages as well as the promotion of collective bargaining’.2 ... -
The Irish prison system
(2024)Ireland obtained independence from the United Kingdom, and commenced administering its own prison system, in 1922. At that stage, prisons in Ireland were managed by the General Prisons Board, an agency which was governed ... -
Extra-legal steadying factors' in the Article 267 TFEU preliminary reference procedure
(Trinity College (Dublin, Ireland). School of Law, 2017)This dissertation presents the thesis that there are 'extra-legal steadying factors' in the EU legal system and the preliminary reference procedure that serve to reduce significantly the impact of obstacles to 'legal ... -
Le système pénitentiaire irlandais
(2024)L'Irlande a obtenu son indépendance du Royaume-Uni et a commencé à administrer son propre système carcéral en 1922. À cette époque, les prisons en Irlande étaient gérées par le General Prisons Board ou Conseil général ... -
The tax exile problem
(Trinity College (Dublin, Ireland). School of Law, 2015)This work examines the benefit theory and ability to pay theories of taxation and the theory of economic allegiance in the context of questions of justification of taxation and identification of taxpayers. The theories are ... -
The Speinshart Recommendations on Generative AI and the EU AI Act
(Speinshart Reports, 2023)The Speinshart Recommendation on Generative AI and the EU AI Act INTRODUCTION Recent technological advancements have brought about a significant qualitative transformation in the realm of technology, particularly in the ... -
The Taming of the Shrewd: A Reappraisal of the Interests of the Company as a Control on Directorial Autonomy
(Trinity College Dublin. School of Law. Discipline of Law, 2023)This thesis examines how differing conceptions of the company's interests can affect the autonomy of directors. This involves a comparative analysis across five common law jurisdictions: Ireland, the United Kingdom, Delaware, ... -
The Ransomware Attack Against the Irish Health Service Executive: What Role for the Law in the Face of Growing Cyber Insecurity?
(European Law Blog, 2023)In May 2021, the Republic of Ireland underwent a cyber crisis within a health crisis. In the middle of the COVID-19 pandemic, Ireland’s Health Service Executive suffered a catastrophic cybersecurity attack reputed to ... -
Language Use and Language Learning in Northern Ireland: Building Linguistic Capacity for Reconciliation / Úsáid Teanga agus Foghlaim Teanga I dTuaisceart Éireann: Cumas Teanga a Fhorbairt don Athmhuintearas
(2022)This report outlines some central concerns raised by the text of the Identity and Language (Northern Ireland) , 2022, (as introduced) and which were identified by participants in the final workshop of the New Foundations ... -
Reflections and Recommendations on the Identity and Language (Northern Ireland) Bill 2022 / Machnaimh agus Moltá ar an mBille Féiniúlachta agus Teanga (Tuaisceart Éireann) 2022
(2023)The 2022 Bill represents a ‘first generation’ piece of minority language legislation in that it neither seeks to impose strict, rights-based standards nor punitive deterrent sanctions. In this respect, the legislation ... -
An Interactive Relationship: Equality, Ireland, and EU Law
(Verfassungsblog on Matters Constitutional, 2023) -
HUMAN RIGHTS PROOFING DIGITAL SURVEILLANCE TECHNOLOGIES: THE REFLEXIVE DST WUNDERKAMMER FOR CIVIL SOCIETY ORGANISATIONS
(Trinity College Dublin. School of Law. Discipline of Law, 2023)I have explored in this thesis how Digital Surveillance Tech (DST) can be human rights proofed in areas of privacy to help emancipate vulnerabilised communities. Human rights proofing refers to creating forms of human ... -
Changed Utterly: Conceptual Stretching and the Impact of the Tax Cases on EU State Aid Law
(Trinity College Dublin. School of Law. Discipline of Law, 2023)Article 107(1) TFEU was originally designed to regulate the grant of subsidies by Member States but it has been applied increasingly in recent years to regulate tax measures. Attempts to apply the State aid rules in this ...
