Important Ruling Extends The WRC's Powers To Disregard National Law That Is Contrary To EU Law

Introduction

On 4 December 2018, the Court of Justice of the European Union (the “CJEU”) ruled that the Workplace Relations Commission (the “WRC”), the statutory body established for the resolution of employment related disputes in Ireland, has the authority to disapply or ignore a rule of national law that is contrary to EU law. Until now, this power was confined to the High Court. This ruling has significant implications for all national bodies established by law to ensure enforcement of EU law in a particular area as it potentially extends their powers to disregard any provision of national legislation that is contrary to EU law.

Background

The decision arises from a preliminary ruling by the Supreme Court to the CJEU in the case of Minister for Justice and Equality and The Commissioner of the Garda Síochána v Workplace Relations Commission & Others[1]. The case involved three individuals who were refused permission to join An Garda Siochana (the police service in Ireland) because they were older than the maximum recruitment age of 35. They complained to the Equality Tribunal that this upper age limit constituted discrimination on the grounds of age, which was prohibited by EU and Irish law. The Minister for Justice and Equality (the “Minister”) contended that only courts established under the Constitution had the power to decide whether to disregard a provision of national law.

The High Court held that the Equality Tribunal did not have jurisdiction to disapply national law where it is incompatible with EU law, this being a power given to the High Court only. The Equality Tribunal (now the WRC) appealed this decision to the Supreme Court. It referred a request for a preliminary ruling on the matter to the CJEU.

The CJEU Judgment

The CJEU referred to the primacy of EU law meaning that national courts, in the exercise of their jurisdiction, have a duty to give full effect to the provisions of EU law and refuse to apply conflicting provisions of national law.

In deciding on the question referred, the CJEU noted that the WRC was established by the Irish legislature to ensure compliance with the Directive on equal treatment in employment and...