Niamh Nic Shuibhne is a Reader in European Union Law. She studied at University College Cork, the National University of Ireland Galway (where she also lectured) and within the Europa Institute at the University of Edinburgh. She is joint editor of the European Law Review.
Her research interests span various aspects of EU Law, and she is working primarily at present on the principles that underpin the application and development of free movement law. She has published widely on the free movement of persons and the legal regulation of EU citizenship. A joint project on Empowerment and Disempowerment of the European Citizen, with colleagues from the Universities of Durham and Liverpool, will run over 2010. Other research threads include discrimination and justification in the internal market for goods and services; judicial protection within the EU legal order; the legal implications of multilingualism at EU level; and the protection of fundamental rights.
She welcomes enquiries from potential students interested in undertaking research degrees in any of these fields.
The European Community has pledged respect for the cultural and linguistic diversity of its Member States and has recognized minority languages as an inherent constituent in this regard. This development reflects a broader trend within the Community towards grappling with less obvious aspects of supranational governance. Minority language groups turn optimistically to "Europe" in response. But, despite rhetorical promises, just what can the EC actually be expected to do in the realm of minority language protection, a politically sensitive and traditionally domestic concern? Arguments put forward to date focus primarily on philosophical, moral, economic, and political discourse. While these considerations are a vital aspect of the debate on minority languages and on linguistic diversity more generally, the question of legal basis remains largely unanswered. This book traces comprehensively the existence of an appropriate legal basis for action undertaken by the EC in this domain, striving in particular to locate a pragmatic yet effective balance between legitimate possibility and acceptable limitations.
This collection explores the management of the internal market from a legal perspective. While the EU agenda is currently dominated by the processes of Treaty reform, this assessment of both market and constitutional governance evaluates the coherence or otherwise of the project at the very core of European integration. Confronted with a free market nearing completion, with a relatively formulaic application of internal market law, the book portrays how this is mirrored in a growing tendency to hand the market 'back' to the Member States and, increasingly, to authorities and bodies (both public and private) therein. We see too, however, an internal market framework that strains to cope with a series of challenges, both internal and external to the EU itself. The approach of the contributors is two-fold - on one hand, they reflect thematically on questions of regulation which cut across the spectrum of the market and its freedoms. On the other hand, they adopt more sector-specific lenses (including, for example, regulation of the media and the Internet) through which contemporary regulatory dynamics can be reconsidered. Providing analysis of contemporary challenges facing the internal market, this book will be of great interest to academics, researchers and students working in the field of EC law. It will also strongly appeal to national and community officials and policy makers due to its 'testing' abstract questions of principle surrounding constitutional character in the market sphere.
Journal Articles
Niamh Nic Shuibhne 'Margins of Appreciation: National Values, Fundamental Rights and EC Free Movement Law' (2009) European Law Review vol 34(2), 230-256
Niamh Nic Shuibhne 'Case comment on Schwarz, Commission v Germany, and Morgan & Bucher' (2008) Common Market Law Review vol. 45, pp. 771-786
Niamh Nic Shuibhne 'Derogating from the free movement of persons: When can EU citizens be deported?' (2006) Cambridge Yearbook of European Legal Studies vol. 8, 187-227
Niamh Nic Shuibhne 'Recent Developments on the Status of (Minority) Languages within the EU Framework' (2005) European Yearbook of Minority Issues vol. 4, 2004-5, pp. 373-388
Niamh Nic Shuibhne 'Legal implications of enlargement for the individual: EU citizenship and free movement of persons' (2004) ERA - Forum vol. 3, pp. 355-369
Niamh Nic Shuibhne 'Case Comment on Kik v Office for Harmonisation in the Internal Market' (2004) Common Market Law Review 1093-1111, vol. 41:4
Niamh Nic Shuibhne 'The European Union and Minority Language Rights' (2002) MOST Journal on Multicultural Societies http://www.unesco.org/most/vl3n2shui.htm
Niamh Nic Shuibhne 'The European Court of Justice and the Europe Agreements: Shaping a Legal Framework' (2002) Dublin University Law Journal vol. 23, pp 203-217
Niamh Nic Shuibhne 'The Free Movement of Goods and Article 28 EC: An Evolving Framework' (2002) European Law Review vol. 27:4, pp. 408-425
Niamh Nic Shuibhne 'Free Movement of Persons and the Wholly Internal Rule: Time to Move On ?' (2002) Common Market Law Review vol. 39(4), pp. 731-771
Niamh Nic Shuibhne 'Rethinking Irish Language Policy - A Legal Perspective' (2000) Contemporary Issues in Irish Law and Politics Vol 3 pp. 36-53
Robert Lane, Niamh Nic Shuibhne 'Casenote on Case C-281/98 Roman Angonese v Cassa di Risparmio di Bolzano' (2000) Common Market Law Review Vol.37, pp.1237-1247
Niamh Nic Shuibhne 'The Impact of European Law on Linguistic Diversity' (1996) Irish Journal of European Law Vol.5:1 pp.62-80
Chapters
Niamh Nic Shuibhne 'The Outer Limits of EU Citizenship: Displacing Economic Free Movement Rights?' in Catherine Barnard and Okeoghene Odudu (eds) The Outer Limits of European Union Law (Hart Publishing, 2009) 167-195
Niamh Nic Shuibhne 'European Community Law and Minority Languages' in D. Ó Riagáin (eds) Language and Law in Northern Ireland (Cló Ollscoil na Banríona, 2003) 121-137
Niamh Nic Shuibhne 'Article 13 EC and non-discrimination on grounds of nationality: Missing or in action?' in Cathryn Costello and Eilis Barry (eds) Equality in Diversity: The New Equality Directives (The Equality Authority, 2003) 269-293
Niamh Nic Shuibhne 'Ascertaining a Linguistic Minority: Ireland as a Case Study' in Deidre Fottrell and Bill Bowring (eds) Minority and Group Rights in the New Millennium (Martinus Nijhoff, 1999) pp.87-110