Gavin Barrett
University College Dublin, School of Law, Faculty Member
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“By contrast with ordinary international treaties, the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are... more
“By contrast with ordinary international treaties, the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the Community, the Member States have limited their sovereign rights and have thus created a body of law which binds both their nationals and themselves. The integration into the laws of each Member State of provisions which derive from the Community and more generally the terms and the spirit of the Treaty, make it impossible for the states, as a corollary, to accord precedence to a unilateral and subsequent measure over a legal system accepted by them on a basis of reciprocity. Such a measure cannot therefore be inconsistent with that legal system. The law stemming from the Treaty, an independent source of law, could not because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as Community law and without the legal basis of the Community itself being called into question.” The above words - among the most famous to emanate from the European Court of Justice - can be credited as having given form to a true legal revolution. They are the words of the European Court of Justice in Costa v ENEL in which that Court established the doctrine of supremacy.
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... "The king is dead, long live the king": The recasting by the Treaty of Lisbon of the provisions of the Constitutional Treaty concerning national parliaments. Autores: Gavin Barrett; Localización: European law review,... more
... "The king is dead, long live the king": The recasting by the Treaty of Lisbon of the provisions of the Constitutional Treaty concerning national parliaments. Autores: Gavin Barrett; Localización: European law review, ISSN 0307-5400, Nº 1, 2008 , págs. 66-84. Fundación Dialnet. ...
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Provided by the author(s) and University College Dublin Library in accordance with publisher policies. Please cite the published version when available. Downloaded 2016-05-12T00:54:27Z Some rights reserved. For more information, please... more
Provided by the author(s) and University College Dublin Library in accordance with publisher policies. Please cite the published version when available. Downloaded 2016-05-12T00:54:27Z Some rights reserved. For more information, please see the item record link above. Title Sense and sensibility: collaborative & interdisciplinaryproblem design in PBL initiatives
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Creating a European judicial space : prospects for improving judicial cooperation in civil matters in the European Union = Die Schaffung eines europäischen Justizraumes : Perspektiven für eine Verbesserung der justitiellen Zusammenarbeit in Zivilsachen in der Europäischen Union = L'espace judicia...more
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Time is rapidly running out in the Brexit negotiations and there is still no agreement in sight on the issue of the Irish border. Gavin Barrett explains that despite the ultimatums emanating from each side, a no-deal Brexit would be... more
Time is rapidly running out in the Brexit negotiations and there is still no agreement in sight on the issue of the Irish border. Gavin Barrett explains that despite the ultimatums emanating from each side, a no-deal Brexit would be catastrophic for both the UK and Ireland.
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Research Interests: Law and Political Science
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The economy predicted to be most negatively impacted by Brexit is not that of the United Kingdom (UK). It is that of Ireland, whose close trading relationship with the UK makes it peculiarly vulnerable to any deterioration in the trade... more
The economy predicted to be most negatively impacted by Brexit is not that of the United Kingdom (UK). It is that of Ireland, whose close trading relationship with the UK makes it peculiarly vulnerable to any deterioration in the trade now safeguarded by common membership of the European Union’s (EU’s) single internal market and customs union. Ireland is also the only state with a land border with the UK, the focus of a conflict with 3500 deaths which ended with the 1998 Good Friday Agreement. All this and the close linguistic, cultural and historical ties plus the existence of a common travel area between Ireland and the UK mean that the economic, political and social ramifications of Brexit for Ireland extend beyond those of other EU member states. The worried attention of Irish politicians and the public has unsurprisingly focused on the prospect of Brexit since before the 23 June 2016 vote. But how has this been reflected in the activities of the Irish legislature, the Oireachtas? What influence have Oireachtas members been able to exercise on the Government’s position on Brexit? Has the legislature brought any added value? This chapter seeks to answer such questions while examining the constitutional, procedural and party-political dimensions of Brexit in Ireland.
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There has been no formal statement by Theresa May’s government on when Article 50, which initiates the process for the UK leaving the EU, will be triggered. Gavin Barrett argues that although delaying the process will prolong market... more
There has been no formal statement by Theresa May’s government on when Article 50, which initiates the process for the UK leaving the EU, will be triggered. Gavin Barrett argues that although delaying the process will prolong market uncertainty, the new Prime Minister may be wise to hold off until early 2017 as once Article 50 is invoked much of the UK’s bargaining power will instantly evaporate.
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Ireland has held several referendums on EU issues, with both the Treaty of Nice and the Treaty of Lisbon being rejected by the electorate, before subsequently being approved in second referendums. Gavin Barrett outlines five lessons the... more
Ireland has held several referendums on EU issues, with both the Treaty of Nice and the Treaty of Lisbon being rejected by the electorate, before subsequently being approved in second referendums. Gavin Barrett outlines five lessons the British government could learn from the Irish experience, including the feasibility of the UK holding its own second referendum should the country vote to leave the EU on 23 June.
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The attitude of the Irish public to European Union (EU) membership has traditionally been positive through the years of membership and remains so now (even if trust in EU institutions has now fallen sharply due to the association in the... more
The attitude of the Irish public to European Union (EU) membership has traditionally been positive through the years of membership and remains so now (even if trust in EU institutions has now fallen sharply due to the association in the public mind of these institutions with the harsh economic medicine doled out in order to deal with the banking and financial crisis). Thus, even at the times when two of Ireland’s many referendums on EU-related issues went against the ratification of individual EU treaties, opinion polls concerning the merits of EU membership itself consistently gave results that were among the most favourable in Europe.1 Ireland has now had nine referendums concerning seven treaties — beginning with the Treaty of Accession to the original three European Communities, and followed by referendums on the Single European Act, the Maastricht Treaty,2 the Treaty of Amsterdam, the Treaty of Nice (twice) and the Lisbon Treaty (twice). Most recently, on 31 May 2012, a constit...
David Cameron has indicated that he will resign as British Prime Minister on 13 July, with Theresa May due to take over following her victory in the Conservative Party leadership contest. Gavin Barrett writes that the new Prime Minister... more
David Cameron has indicated that he will resign as British Prime Minister on 13 July, with Theresa May due to take over following her victory in the Conservative Party leadership contest. Gavin Barrett writes that the new Prime Minister will be faced with an exceptional challenge in handling the fallout from the EU referendum. He suggests that any attempt to rerun the vote would be problematic, but that it is highly unlikely she will be able to secure a deal that restricts EU free movement of persons while retaining access to the single market.
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ABSTRACT
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Much of the discussion around Brexit has focused on when the UK will formally trigger Article 50 of the Lisbon Treaty and begin the process for leaving the EU. As Gavin Barrett writes, however, the procedure for leaving the single market... more
Much of the discussion around Brexit has focused on when the UK will formally trigger Article 50 of the Lisbon Treaty and begin the process for leaving the EU. As Gavin Barrett writes, however, the procedure for leaving the single market is potentially more complex due to the UK’s participation in the European Economic Area, which has its own process for withdrawal.
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... Celtec: Asking the Court of a Justice for a date or the limits of consensual behaviour in privatisations. Autores: Gavin Barrett; Localización: European law review, ISSN 0307-5400, Nº 6, 2005 , pags. 891-902. © 2001-2010 Universidad... more
... Celtec: Asking the Court of a Justice for a date or the limits of consensual behaviour in privatisations. Autores: Gavin Barrett; Localización: European law review, ISSN 0307-5400, Nº 6, 2005 , pags. 891-902. © 2001-2010 Universidad de La Rioja · Todos los derechos reservados ...
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... | Ayuda. Family matters: European Community law and third-country family members. Autores:Gavin Barrett; Localización: Common market law review, ISSN 0165-0750, Vol. 40, Nº 2, 2003 , pags. 369-421. © 2001-2011 Universidad de La Rioja... more
... | Ayuda. Family matters: European Community law and third-country family members. Autores:Gavin Barrett; Localización: Common market law review, ISSN 0165-0750, Vol. 40, Nº 2, 2003 , pags. 369-421. © 2001-2011 Universidad de La Rioja · Todos los derechos reservados. ...
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Normal 0 false false false EN-IE JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:EN-GB; mso-fareast-language:EN-GB;} Problems are central to learning in Problem Based Learning (PBL) curricula . Problem typologies differ across disciplinary areas and high quality problems are fundamental to engaging students and achieving the intended learning outcomes. PBL continues to be deployed in a range of disciplines; however, outside of the medical domain, there is a chronic lack of documented problems. This paucity has particular implications for those aspiring to adopt PBL, especially those who lack faculty support and m...
We live in times in which referendums have recently been major news in a variety of jurisdictions, but most especially of course the United Kingdom, the political system of which remains even now convulsed by the efforts it is making to... more
We live in times in which referendums have recently been major news in a variety of jurisdictions, but most especially of course the United Kingdom, the political system of which remains even now convulsed by the efforts it is making to come to terms with the referendum vote of 23 June 2016 to leave the European Union, and Spain, where the implications of the controversial Catalan independence referendum held on 1 October 2017 (having earlier been declared illegal by the Constitutional Court of Spain) continue to reverberate with uncertain long-term constitutional implications. <br><br>The present paper involves a modest attempt to bring some comparative perspective to bear deriving from a jurisdiction which, for better or for worse, has a reasonably lengthy history of dealing with referendums: that of Ireland. More specifically, this paper seeks to reflect briefly a number of phenomena that have become features of the Irish referendum landscape, and that seem to me to be interesting from a comparative perspective.
The economy predicted to be most negatively impacted by Brexit is not that of the United Kingdom (UK). It is that of Ireland, whose close trading relationship with the UK makes it peculiarly vulnerable to any deterioration in the trade... more
The economy predicted to be most negatively impacted by Brexit is not that of the United Kingdom (UK). It is that of Ireland, whose close trading relationship with the UK makes it peculiarly vulnerable to any deterioration in the trade now safeguarded by common membership of the European Union’s (EU’s) single internal market and customs union. Ireland is also the only state with a land border with the UK, the focus of a conflict with 3500 deaths which ended with the 1998 Good Friday Agreement. All this and the close linguistic, cultural and historical ties plus the existence of a common travel area between Ireland and the UK mean that the economic, political and social ramifications of Brexit for Ireland extend beyond those of other EU member states. The worried attention of Irish politicians and the public has unsurprisingly focused on the prospect of Brexit since before the 23 June 2016 vote. But how has this been reflected in the activities of the Irish legislature, the Oireachta...