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Dr. David Fennelly
Assistant Professor, Law

Biography

I am a legal scholar and practitioner with an interest in the law in its European and international context and in the interaction between the study of law and legal practice.

In the Law School, I currently teach Public International Law and Foundations of Law II (focused on international and EU law) on the LLB programme. I also co-teach an LLM course on Data Protection: Law, Policy and Practice and an LLM course on Human Rights Law. Previously, I was responsible for the Clinical Legal Education programme which works in partnership with a wide range of leading legal practice settings across the public, private and not-for-profit sectors.

My research interests are primarily in the field of public law in its European and international dimensions, with particular interest in human rights, equality, data protection and foreign affairs. I am also interested in more general issues relating to the legal system (particularly access to justice), the legal profession and legal education.

In addition to my academic work, I am a practising barrister in the Law Library, Dublin. Drawing on my academic expertise, I have a special interest in EU and international law, particularly in the fields of human rights, equality and data protection, and regularly appear in proceedings before the Irish superior courts and the Court of Justice of the European Union. I am also a member of the Council of the Free Legal Advice Centres, a human rights NGO which promotes access to justice for all.

Earlier in my career, I worked as a law clerk to members of the International Court of Justice in The Hague and as a judicial fellow in the High Court in Dublin. I also worked at the International Law Commission, the European Commission Legal Service and the Permanent Mission of Ireland to the United Nations, New York.

Publications and Further Research Outputs

Peer-Reviewed Publications

Fennelly, D (with Barry E, Lord, S. and Byrne A.), The Public Sector Duty in the Irish Justice System , Dublin, 2021 Report, 2021

Data Retention in Ireland in, editor(s)Zubik, Podkowik and Rybski , European Constitutional Courts towards Data Retention Laws , Germany, Springer International , 2020, pp137 - 154, [Fennelly, D.] Book Chapter, 2020

Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020 Report, 2020 URL

Murphy C and Fennelly D, Racial Discrimination and Citizenship and Migration Exceptions: Reconciling EU and International Human Rights Law, VU Amsterdam, 19-20 November 2020, 2020 Conference Paper, 2020

Fennelly D, Equality Litigation and its Challenges: the Case of Ireland, Equality Law in Europe: A New Generation Conference, European University Institute, Florence, 11 October 2019, 2019 Conference Paper, 2019

Fennelly, D., The Public Sector Duty: the Irish Context and Potential Implications, Conference on the legal implications of the public sector duty in Irish law, Dublin, 19 October 2018, edited by FLAC , 2018 Conference Paper, 2018

Fennelly, D., Data Retention: the Life, Death and Afterlife of a Directive , ERA Forum, 2018, p1 - 20 Journal Article, 2018

Articles 2 and 7, ICESCR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 1, 2 and 5, CEDR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 1-4, 11, CEDAW in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Article 26, ICCPR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary, Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

RELUCTANT REFORMERS? FORMALISING JUDICIAL REGULATION IN IRELAND in, editor(s)Richard Devlin and Adam Dodek , REGULATING JUDGES: BEYOND INDEPENDENCE AND ACCOUNTABILITY, Edward Elgar, 2016, [Fennelly, D.] Book Chapter, 2016

David Fennelly, Cape Town Convention and International Sanctions, Cape Town Convention Academic Project, Oxford, 8/9 September 2015, 2015, University of Oxford - University of Washington - Invited Talk, 2015

David Fennelly, Cape Town Convention and international sanctions: the case of European Union sanctions against Russia, Cape Town Convention Journal, 2015, p1 - 20 Journal Article, 2015

Fennelly, Penser par cas: A Common Law Perspective, Revue interdisciplinaire d'études juridiques, 73, 2014, p155 - 172 Journal Article, 2014

David Fennelly, International Law in the Irish Legal System, Dublin, Thomson Reuters Round Hall, 2014 Book, 2014

David Fennelly, Selected Issues in Irish Equality Case Law 2008-2011, Dublin, Equality Authority, January, 2013, p1 - 110 Report, 2013 URL

Non-Peer-Reviewed Publications

Fennelly, The Status of the Brexit Agreements in Irish Law, Irish Centre for European Law / Queen's University Belfast Seminar Series on the Brexit Withdrawal Agreement and EU-UK Trade and Cooperation Agreement, 23 March 2021, 2021 Conference Paper, 2021

Fennelly D, Protecting Personal Data in the Field of Criminal Justice, Academy of European Law Annual Conference on Criminal Justice, Trier, 12 November 2020, 2020 Conference Paper, 2020

Fennelly D, The German Federal Constitutional Court's Ruling in the BVerfG Judgment of 5 May 2020, Trinity College Law School, Trinity Centre for Constitutional Governance (TriCON) and Irish Centre for European Law Covid 19 and EU Law Seminar Series, Webinar, 18 June 2020, 2020 Conference Paper, 2020

Fennelly, D., Transnational Climate Change Litigation, PILNet Global Forum 2020, Panel on Climate Change, Human Rights, and Public Interest Law, 20 October 2020, 2020 Conference Paper, 2020

Fennelly, D., The Irish Legal System and Irish Legal Profession, Boston College, Dublin, Dublin, 15 January 2019, 2019, Boston College Invited Talk, 2019

Fennelly D, Judicial Independence: Challenge and Change, University of Genoa, 2 October 2019 , 2019 Invited Talk, 2019

Fennelly, D., Dublin at the Data Protection Frontier, TCD Law School Law and Contemporary Challenges - Wednesday Mini-Lecture Series, Dublin, 3 April 2019, 2019 Invited Talk, 2019

Fennelly D, Data Protection Litigation: An update , InfoLaw Conference 2019, Dublin, 22 March 2019, 2019 Invited Talk, 2019

Fennelly, D., Access to Justice: the European Dimension, FLAC@50 Access to Justice Conference, Trinity College Dublin, 17 May 2019 , 2019 Conference Paper, 2019

Fennelly D, The CJEU and the Political Organs in Data Protection Governance - Striking the Right Balance?, ICON-S Annual Conference , Copenhagen, 7 July 2017, 2017 Conference Paper, 2017

Fennelly D, Report on National employment services: National Report - Ireland, FRESSCO ANNUAL COMPARATIVE REPORT, Ghent, FRESSCO, JULY 2017, 2017, p1 - 10 Report, 2017

David Fennelly, Data Retention - national and international perspectives, Academy of European Law - Annual Conference on Criminal Justice, Trier, Germany, 24/25 October 2017, 2017 Conference Paper, 2017

Fennelly D, Practitioners and Professors: the Irish Experience, IJCLE - ENCLE - CLEO Annual Conference, Northumbria - Newcastle UK, 3-5 July 2015, 2017 Conference Paper, 2017

Fennelly, D., Protection from victimisation in the context of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers: Report for Ireland, FresSco, 2016, 1-11 Report, 2016

Fennelly, D., "Managing Data's Borders: Towards a Global Framework for Data Protection?",, International Society of Public Law (ICON-S) Conference, , Humboldt University Berlin, 18 June 2016, 2016 Conference Paper, 2016

FENNELLY, D., "Ever the Adversary?: the Legal Services Regulation Act 2015 and the Irish Legal Profession", International Legal Ethics Conference VII, , Fordham Law School, , 15-17 July 2016, 2016 Conference Paper, 2016

Fennelly, D., "Protecting Fundamental Rights in the Fight Against Cybercrime", , Academy of European Law/Irish Centre for European Law/Law Society of Ireland Conference,, Dublin Castle, 11 May 2016, 2016 Conference Paper, 2016

Fennelly, D., National report for Ireland on the application of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, FreSsco, 2016, 1-16 Report, 2016

David Fennelly, National Report on Free Movement of Persons, Co, July, 2015, p1 - 17 Report, 2015

David Fennelly, Going against the (Transatlantic) Flow? The Search for an Effective Framework for International Data Transfers, LSE IT/Media Group - Specialist Seminar, Department of Law, London School of Economics, 18 November 2015, 2015, Dr. Orla Lynskey Invited Talk, 2015

David Fennelly, Reconciling Regulation and Independence: the Irish Experience, International Legal Ethics Conference IV, City University London, 12/07/2014, 2014 Conference Paper, 2014

David Fennelly, Learning How to Learn from Experience: Exploring the Educational Added Value of Clinical Legal Education, Developing Clinical Legal Education in Ireland Conference, NUI Galway, 26 April 2013, 2013 Conference Paper, 2013

David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013 Review, 2013

Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations in, editor(s)Eoin Carolan , The Irish Constitution: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, [David Fennelly] Book Chapter, 2012

Research Expertise

Description

International Law; European Union Law; Constitutional Law Clinical Legal Education; Legal Profession; Law Reform

Keywords

Data Protection Law; Equality law; EU Law; International Law; Legal Education; Legal Profession, The

Recognition

Representations

Member, Government Data Forum 2015 - present

National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination) 2014 to prsent

Editorial Board, Irish Journal of European Law

Co-Editor, Dublin University Law Journal 2016

Awards and Honours

Visiting Scholar, Trinity Trust Travel Grantee, Lauterpacht Research Centre for International Law, University of Cambridge, 2008 2008

TCD Broad Curriculum Studentship 2007-8

NYU Global Public Interest Fellowship 2005-6

NYU International Law and Human Rights Fellow 2005

NYU Merit Scholar 2004-5

Fulbright Scholar 2004-5

Non-Foundation Scholar 2002-3

Government of Ireland Easter Week Commemoration Patrick Pearse Scholar 2000

Law Research Fund Grant 2014

European Network of Clinical Legal Education/Open Society Initiative Grant 2014

National Institute for Teaching Ethics & Professionalism Fellowship 2014

Memberships

Member, Irish Centre for European Law

Member and former Secretary, Irish Fulbright Alumni Association 2008

Member, European Network for Clinical Legal Education 2014