Competing Supremacies and Clashing Institutional Rationalities: the Danish Supreme Court’s Decision in the Ajos Case and the National Limits of Judicial Cooperation

• Mikael Rask Madsen ^[1] ; Henrik Palmer Olsen ^[1] ; Urška Šadl
  1. [1] University of Copenhagen

     University of Copenhagen

     Dinamarca

     
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 23, Nº. 1-2, 2017, págs. 140-150
• Idioma: inglés
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• Dialnet Métricas: 5 Citas
• Resumen

  • On 6 December 2016, the Supreme C our t of Denm ark (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 contr oversy, 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 rulin g. Moreover, the case has been seen by some as an example of a new ‘sovereigntis m’ 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.