Date: 2017
Type: Article
Competing supremacies and clashing institutional rationalities : the Danish supreme court's decision in the Ajos case and the national limits of judicial cooperation
European law journal, 2017, Vol. 23, No. 1-2, pp. 140-150
RASK MADSEN, Mikael, OLSEN, Henrik Palmer, SADL, Urska, Competing supremacies and clashing institutional rationalities : the Danish supreme court's decision in the Ajos case and the national limits of judicial cooperation, European law journal, 2017, Vol. 23, No. 1-2, pp. 140-150
- https://hdl.handle.net/1814/59671
Retrieved from Cadmus, EUI Research Repository
On 6 December 2016, the Supreme Court of Denmark (SCDK) ruled on the grounds of Ajos case. The ruling concerned the scope of the principle of non-discrimination on the grounds of age and whether a national court could weigh the principle of non-discrimination on grounds of age against the principles of legal controversy, as the protection of legitimate expectations. The ruling has caused a great deal of controversy as the SCDK defied clear guidelines from the Court of Justice of the European Union (CJEU) in the ruling. Moreover, the case has been seen by some as an example of a new 'sovereigntism' in Danish law that is at odds with the project of European integration through law. This article explains the case from both an EU law and Danish constitutional law perspective. It concludes by providing a set of explanations of the new course of the SCDK in its relationship with the EU.
Additional information:
First published: 16 August 2017
Cadmus permanent link: https://hdl.handle.net/1814/59671
Full-text via DOI: 10.1111/eulj.12215
ISSN: 1351-5993; 1468-0386
Publisher: Wiley
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