Cliona Kelly Video |
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Historically, consumer law reform in Ireland has to a significant degree mirrored developments in the UK. After Brexit, there is likely to be significant regulatory divergence, with the European Union having more of an impact on future reforms in Ireland, and the UK potentially heading in a different direction. If in the future the UK Parliament is free to repeal or replace existing consumer rules of European origin, and UK courts are not bound to interpret remaining rules in a manner consistent with decisions of the European Court of Justice of the European Union, there is likely to be an increasing chasm between consumer law in Ireland and the UK. The increasing impact of the EU, and in particular of the civil law tradition within the EU, might affect not merely the substance of the right in question, but also the architecture of statutes and categorisation of consumer rights, the language and conceptual tools used, and how rights are interpreted by the courts. There may also be a split in future between commercial contracts, which are governed by common law principles, and consumer contracts, which may be regulated by EU principles with their origins in the civil law systems. | |
IBIS Work on Impact of Brexit |
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IBIS has a comprehensive and innovative research programme that focuses on the major political and constitutional impacts of Brexit on the island of Ireland and its relationship with the UK. It has four funded inter-disciplinary and inter-institutional projects which examine the impact of Brexit from elite and non-elite perspectives and converge in their sense of Brexit as generating an extended ‘constitutional moment’ for the island. Together these projects combine into a cohesive research programme that aims to generate policy relevant research using a variety of methods and examining a variety of actors that help to define deliberative and policy options that feed into new phases of analysis. We look forward to cooperating with scholars working in cognate areas and with converging interests. Orla Ní Cheallacháin, IRC Post-Graduate PhD Candidate, UCD |
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