Sune Klinge on Ajos: Danish Supreme Court and the EU Court of Justice – University of Copenhagen

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21 December 2016

Sune Klinge on Ajos: Danish Supreme Court and the EU Court of Justice

Sune Klinge, PhD Fellow at the Centre for European and Comparative Legal Studies, Faculty of Law, has published a blog post on the recent Danish Supreme Court judgment in the Ajos case, following the reference for a preliminary ruling from the Court of Justice of the European Union.

Following the Court of Justice’s judgment in Case C-441/14 in the Ajos, the Danish Supreme Court has handed down its judgment in the main proceedings. Klinge states that despite the fact that the preliminary ruling left the Supreme Court with only two options; (1) apply national law in a manner that is consistent with the directive or (2) disapply any provision of national law that is contrary to EU law the Danish Supreme Court did neither. The Danish Supreme Court found that an interpretation consistent with Union law was not possible nor could the Supreme Court set aside national law since the Danish EU Accession Act did not confer sovereignty to the extent required for the unwritten EU principle prohibiting discrimination on the grounds of age to take precedence over national law. Klinge states that the Supreme Court said that if the courts were to set aside national law, they would be acting outside the constitutional limits of their judicial competences. Thereby the Supreme Court chose a third option, setting aside the judgement from the Court of Justice.

The full blog post, ‘Dialogue or disobedience between the European Court of Justice and the Danish Constitutional Court? The Danish Supreme Court challenges the Mangold-principle’, is available on the EU Law Analysis website here.

For more on Sune Klinge’s research, see his profile on the University of Copenhagen website here.