Dr. Elaine Fahey (On leave 2011-2013)
- 2007 Ph.D. Trinity College Dublin
- 2003 LL.M Sidney Sussex College, University of Cambridge
- 2002 LL.B Trinity College Dublin
- Attorney-at-law (New York)
- Barrister-at-law (Honorable Society of Kings’ Inns, Dublin)
Email: Elaine.fahey AT dit.ie
Tel.: +353+1+402 7183
Elaine Fahey is a Lecturer in Law at the School of Social Sciences and Law at the Dublin Institute of Technology, Ireland since 2006. She is a Visiting Max Weber Fellow at the European University Institute, Florence, Italy (2010-2011) at the Global Governance Program, Robert Schuman Centre for Advanced Studies. Her research interests are Global Governance Law and EU-US Relations, EU Institutional law, Internal Market law and the Area of Freedom, Security and Justice. She has written two monograph texts on EU Law in Ireland. She has received funding from the European Commission Jean Monnet Lifelong Learning Initiative (2010-2013) (EU Legal Studies). She was previously a Max Weber Postdoctoral Fellow at the European University Institute (2009-2010). She has taught at Trinity College Dublin, Law Society of Ireland and Humboldt University, Berlin (EUI-Humboldt Teaching Exchange). She is a winner of the Lyndon Stanford prize and Leonard Coling Scholarship at the University of Cambridge and was a Scholar of Trinity College Dublin. She has received a DIT Teaching Excellence Award Nomination and a DIT Learning Technology Project award. She is a former Judicial Research Assistant, Judges’ Library, Four Courts, Dublin, a Judicial Extern at the Los Angeles Federal District Court, USA and a stagiaire at the Court of Justice of the European Union, Luxembourg. She has practised at the Irish bar and is Chairperson of the Irish Society for European Law.
Select Publications include:
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MONOGRAPH TEXTS
- EU Law in Ireland (Clarus Press, Dublin, 2010)
- Practice and Procedure in Preliminary References: 30 years of Article 234 EC caselaw from the Irish Courts (Firstlaw, Dublin, 2007)
SELECT ARTICLES
- “Does the Emperor have Financial Crisis Clothes? On the legal basis of the European Banking Authority” (2011) Modern Law Review (forthcoming) http://ssrn.com/abstract=1715524
- “Swimming in a sea of law: Reflections on water borders, Irish (-British)-Euro Relations and opting-out and opting-in after the Treaty of Lisbon” (2010) 47(3) Common Market Law Review 645
- Interpretive legitimacy and the distinction between “social assistance” and “work seekers allowance” (2009) 34 European Law Review 933
- “A Constitutional crisis in a tea-cup: The Supremacy of EC law” (2009) (14) European Public Law 515
- “Going Back to Basics: Re-embracing the Fundamentals of the Free Movement of Persons in Metock (2008) 35 Legal Issues of Economic Integration 83
- “Being a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European arrest warrant (2008) 33 European Law Review 563
- “Reflecting On The Scope Of The European Union (Scrutiny) Act, 2002 and Parliamentary Scrutiny” (2007) 13 European Public Law 85
EDITED PUBLICATIONS
- Súil ar an dlí 2008 (with O’Connor) (Lonsdale Blackwell Publishing, 2010) (in Irish)
- European Law Update: European Regulatory and ECJ Developments (Firstlaw, 2007) (Editor)
- Public Law Legislation in Ireland (Firstlaw, 2008)
- Irish Tort Legislation (Firstlaw, 2007)
WORKING PAPER
- “Learning by example: reflections on the role of national parliaments in EU affairs and the Treaty of Lisbon in Ireland” (2010) EUI MWF Working Paper series 2009-2010
BOOK REVIEWS
- “National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures” (2008) 45 Common Market Law Review pp. 913-915
- Barnard & Odudu eds. “The Outer Limits of European Union Law” (2010) 17(4) Maastricht Journal of European and Comparative Law (forthcoming)
- Dougan & Currie eds. “Fifty Years of the Treaties” (2011) 18(3) Maastricht Journal of European and Comparative Law (forthcoming)
REPORTS
- FIDE Congress Madrid 2010 rapporteur (with Conlan & Donnelly) Report on Role of National Parliaments- Ireland
CONFERENCE PAPERS
- The Impact of Ruiz Zambrano on Irish Legal Order, (DIT Department of Law Seminar, 14 April 2011), speaking notes can be downloaded here: Zambrano
- “Does the Emperor have Financial Crisis Clothes?”: On the legal foundations for the European Banking Authority” (EUSA Biennial Conference, Boston, MA, March 2011)
- “The Justiciability of EU-US relations” at Comparative Constitutional Evolution in the EU and US (American University, Washington DC, 6 December 2010) and EU External Relations Law and Policy in the Post-Lisbon Era (University of Sheffield, January 2011)
- “Swimming in a sea of law: Reflections on water borders, Irish (-British)-Euro Relations and opting-out and opting-in after the Treaty of Lisbon” paper given at conference “After the Stockholm Programme: An Area of Freedom, Security and Justice in the European Union” (University of Salford, Greater Manchester, 28-29 January, 2010), “The Politics of European Law” (Trinity College Dublin, 12 March 2010)
- “Constitutional Differentiation in the EU” (Humboldt University, Berlin Grakov-Kolloquim, June, 2010)
- “Jagged-edged jigsaw- Constitutional Differentiation in the EU,” Conference “The Future of European Union Law & Policy” (University of Birmingham, June, 2010).
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See http://www.dit.ie/socialscienceslaw/eulawinireland/
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