Gavin Barrett | University College Dublin (original) (raw)

Papers by Gavin Barrett

Manchester University Press eBooks, Mar 5, 2018

Social Science Research Network, 2019

The services sector has become hugely significant at global level, at European Union level or for... more The services sector has become hugely significant at global level, at European Union level or for the United Kingdom, currently engaged in the process of terminating its membership of the EU.  Globally, services represent on average about two thirds of the economic output in developed economies. They account for a lower proportion of international trade as a wholebetween 20 and 25%-but a growing one, 2 with growth being aided by advances in the uses and capacities of technology and by the interconnectedness and interdependence of modern economies.  At European Union level, it has been estimated that services make up about 70% of the EU's economic output. 3 At this level, services account for a lower proportion of cross-border trade as a whole, but still a highly significant one, with one fifth of services in the EU crossing a border. 4 Legal provision for free movement of services is made in Articles 56 and 57 of the Treaty on the Functioning of the European Union. However, other provisions of both primary and secondary EU law also play a major role. Insofar as concerns Treaty provisions, Articles 49 and 54 TFEU are significant for providing for the freedom of establishment, thereby enabling the setting up of subsidiaries of businesses in other member states. Most-cross border service provision is also supported by horizontal measures such as the 2006 Services Directive, 5 the 2004 Citizens' Directive, 6 which provides for the free movement of persons (needed by, inter alia, many service providers) and the umbrella 2005 Directive consolidating the law on the recognition of professional qualifications. 7 Sectoral legislation governing particular services has also been adopted over the years. One prominent example of this is the 1977 directive on lawyers' services. 8

Common Market Law Review, Oct 1, 2015

Social Science Research Network, 2020

“By contrast with ordinary international treaties, the EEC Treaty has created its own legal syste... more “By contrast with ordinary international treaties, the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the Community, the Member States have limited their sovereign rights and have thus created a body of law which binds both their nationals and themselves. The integration into the laws of each Member State of provisions which derive from the Community and more generally the terms and the spirit of the Treaty, make it impossible for the states, as a corollary, to accord precedence to a unilateral and subsequent measure over a legal system accepted by them on a basis of reciprocity. Such a measure cannot therefore be inconsistent with that legal system. The law stemming from the Treaty, an independent source of law, could not because of its special and original nature, be overridden by domestic legal provisions, however framed, without being deprived of its character as Community law and without the legal basis of the Community itself being called into question.” The above words - among the most famous to emanate from the European Court of Justice - can be credited as having given form to a true legal revolution. They are the words of the European Court of Justice in Costa v ENEL in which that Court established the doctrine of supremacy.

The Journal of Legislative Studies, Jul 3, 2022

Yearbook of European Law, 2003

European Administrative Governance, 2019

European Law Review, 2008

... "The king is dead, long live the king": The recasting by the Treaty of Lisb... more ... "The king is dead, long live the king": The recasting by the Treaty of Lisbon of the provisions of the Constitutional Treaty concerning national parliaments. Autores: Gavin Barrett; Localización: European law review, ISSN 0307-5400, Nº 1, 2008 , págs. 66-84. Fundación Dialnet. ...

Provided by the author(s) and University College Dublin Library in accordance with publisher poli... more Provided by the author(s) and University College Dublin Library in accordance with publisher policies. Please cite the published version when available. Downloaded 2016-05-12T00:54:27Z Some rights reserved. For more information, please see the item record link above. Title Sense and sensibility: collaborative & interdisciplinaryproblem design in PBL initiatives

Bundesanzeiger eBooks, 2001

El referéndum y su iniciativa en el derecho comparado, 2020, ISBN 978-84-1336-346-2, págs. 55-80, 2020

Trade Relations after Brexit, 2019

Time is rapidly running out in the Brexit negotiations and there is still no agreement in sight o... more Time is rapidly running out in the Brexit negotiations and there is still no agreement in sight on the issue of the Irish border. Gavin Barrett explains that despite the ultimatums emanating from each side, a no-deal Brexit would be catastrophic for both the UK and Ireland.

Common Market Law Review, 2017

Jahrbuch für direkte Demokratie 2018, 2019

SSRN Electronic Journal, 2016

See further Qvortrup, loc. cit., n. 3 at 9. Hitler used referendums on four occasions to gain app... more See further Qvortrup, loc. cit., n. 3 at 9. Hitler used referendums on four occasions to gain approval for steps such as withdrawal from the League of Nations and Anschluß with Austria. The Greek Colonels regime also deployed them, as did the Spanish dictator General Franco. (See more generally M. Qvortrup, "Referendums in Western Europe", Chapter 2 of Qvortrup (ed.), op. cit., n. 2 at 43. E. Daly, "A Republican Defence of the Constitutional Referendum" (2015) 35 Legal Studies 30. 9 Qvortrup, relying on data supplied by the Centre for Research on Direct Democracy (which is linked in turn to the Law School of the University of Zurich and the website of which is http://www.c2d.ch/index.php) has asserted that 326 referendums took place in non-totalitarian states in Western Europe (excluding Switzerland) in the twentieth century. (See in Qvortrup, loc. cit., n.6 at 43 and 45). 10 Tierney, op. cit., n. 2 at 1 who observes that of the then 58 functioning electoral democracies with a population of more than three million, 39 conducted at least one national referendum between 1975 and 2000. (Ibid.) 11 Tierney, op. cit., p. 302. Historically, resort has been had to the mechanism of referendums both in times and places in which political parties have not yet developed sufficiently to represent distinct groups in society and in times and places where political parties have gone into decline. (See Qvortrup, n.6 at 51-52 and see more for a more general analysis of the 'why referendums' questions Tor Bjørklund "The Demand for Referendum: When Does It Arise and when Does It Succeed?" (1982) 5 Scandinavian Political Studies 237.) 12 Op. cit., n.2 at 197, cited in Qvortrup, loc. cit., n. 3 at 11. 13 Qvortrup, ibid.. 14 Altman, op. cit., n.2 at 198, cited in Qvortrup, loc. cit., n. 3 at 13. 15 The Icelandic loan guarantees referendum, also known as the Icesave referendum, held on 6 March 2010, was probably the most spectacular example of this. This referendum was triggered by President Ólafur Ragnar Grímsson's January 2010 refusal to sign into law a Bill providing for an Icelandic state guarantee for the obligations of the Icelandic Depositors' and Investors' Guarantee Fund (which would have benefited British and Dutch customers of Icelandic bank Landsbanki). 98% of Icelandic voters rejected the draft law (which, it should be noted, had been approved by the Icelandic parliament). 42 The wording of the same-sex marriage referendum is contained in the Thirty-Fourth Amendment of the Constitution (Marriage Equality) Bill 2015, approved by the Government and then published in January 2015. (See "Government announces wording for marriage equality referendum", press release of Department of Justice of

J Health Polit Policy Law, 2002

This paper was conceived in response to an identified need for new PBL practitioners to be able t... more This paper was conceived in response to an identified need for new PBL practitioners to be able to access a range of sample problems that would help them develop PBL within their own disciplines, particularly when outside of the life sciences. Likewise, a need for new approaches to problem design was also identified. Taking cognisance that problems should be grounded in the "real world", we need to reconceptualise problem design. It is proposed that conceptualising problems as triggers that stimulate knowledge development by harnessing sensory experiences is a way forward. This paper will be of particular interest to new PBL practitioners, teachers in the various disciplines considering PBL and educational developers teaching PBL.