Published March 9, 2021 | Version v1
Dataset Open

EU Law before the Irish Superior Courts 2008-2018

  • 1. UCD Sutherland School of Law, Dublin, Ireland
  • 2. Hertie School, Berlin, Germany

Description

The below datasets have been published as part of the following paper: Barry Rodger, Imelda Maher and Rónán Riordan, A decade of EU law in the courts of Scotland and Ireland: national legal systems compared, Legal Studies (2021) 1 - 25. https://cup.org/2Oj7y41

Excel dataset entitled "Maher_I_Riordan_R_IRELAND_EU_LAW_DATASET_2009_2018" codes EU law cases before the Irish Superior Courts between 2009-2018. The dataset includes only civil law cases. Criminal law cases, and related issues, were excluded from the dataset. 

The decisions of the Irish Lower Courts (Circuit and District Courts respectively), in contrast to the Superior Courts, are not normally published by the Irish Court Service and therefore the scope of the research was limited to the Irish Superior Courts for which comprehensive reports of decisions are maintained and publicly accessible by via the Court Service and other organisations.

Initial searches for EU law cases in the Irish Superior Courts provided potentially thousands of results over the ten year period that it was not possible for us to assess. As a result a more targeted search was employed which narrowed the Irish results to an initial dataset of 852 cases which was subject to qualitative assessment. A working paper outlining how the search was constructed, and how results were narrowed down, is accessible via the University College Dublin repository (http://hdl.handle.net/10197/11249)

The excel file entitled 'IE_267_REF_DATA_2009-2018.xlsx' complies references from Irish Courts and Tribunals to the Court of Justice of the European Union via the preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union. This dataset records not only references from the Irish superior courts, but also from lower courts and tribunals within the state. Data was complied using information available on the Court of Justices website Curia.europa.eu. This dataset includes both civil and criminal law cases referred to the CJEU for clarification during the period. 

Notice on dataset use;

These datasets are the property of the authors. Where other parties intend to use the dataset as part of their research, acknowledgement must be made as to the source of the dataset and of the original authors as having created the dataset. Contact authors via: imelda.maher@ucd.ie (University College Dublin) and r.riordan@phd.hertie-school.org (Hertie School Berlin).

 

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RIORDAN_MAHER_2021_CODING_PROTOCOL_IRELAND_DATASET.pdf

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