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Dr. David Fennelly

Assistant Professor (Law)
      
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Dr. David Fennelly

Assistant Professor (Law)

 David.Fennelly@tcd.ie

 


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.
  Data Protection Law   Equality law   EU Law   International Law   Legal Education   Legal Profession, The
Details Date
Member, Government Data Forum 2015 - present
National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination) 2014-2017
Editorial Board, Irish Journal of European Law 2013
Co-Editor, Dublin University Law Journal 2016
Language Skill Reading Skill Writing Skill Speaking
English Fluent Fluent Fluent
French Fluent Fluent Fluent
Details Date From Date To
Member of the Inner Bar 2024
Member of the Bar of Ireland (2011-2024) 2011 2024
Board of Directors, Irish Centre for European Law 2024
Member and former Secretary, Irish Fulbright Alumni Association 2008 2010
Member of Council (2019-2024) and Chairperson (2021-2024), Free Legal Advice Centres 2019 2024
Articles 2 and 7, ICESCR; Articles 1, 2 and 5, CEDR; Articles 1-4, 11, CEDAW; 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 (2nd ed), Baden-Baden, Nomos / CH Beck / Hart, 2026, [Fennelly D], Book Chapter, IN_PRESS
Fennelly, David, Protecting the Home Turf? Gearty v Director of Public Prosecutions, Irish Supreme Court Review, 2026, Journal Article, PUBLISHED
Citizenship and Racial Discrimination: Nationality Exceptions in International and EU Equality Law in, editor(s)Jesse, M.,Kostakopoulou D., and Morano-Foadi, S , ELGAR CONCISE ENCYCLOPEDIA OF LAW AND CITIZENSHIP, 2025, [Fennelly, D. and Murphy, C.], Book Chapter, IN_PRESS
The Impact of Article 47 in the Irish Legal System in, editor(s)Bonelli, M., Eliantonio, M and Gentile G , Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 - the National Courts' Perspective, 2023, Bloomsbury Professional, 2023, [Fennelly, D., Gilmore G. and Murphy C.], Book Chapter, IN_PRESS
The Protocol in Irish Law in, editor(s)McCrudden, C. , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, [Fennelly, D.], Book Chapter, PUBLISHED
Fennelly, D. and Murphy, C., Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive, Netherlands Quarterly of Human Rights, 39, (4), 2021, p308 - 328, Notes: [https://doi.org/10.1177/09240519211055648], Journal Article, PUBLISHED
Fennelly, D (with Barry E, Lord, S. and Byrne A.), The Public Sector Duty in the Irish Justice System, 2021, Report, SUBMITTED
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, PUBLISHED
Murphy C and Fennelly D, Racial Discrimination and Citizenship and Migration Exceptions: Reconciling EU and International Human Rights Law, Race and Migration - VU Amsterdam, VU Amsterdam, 19-20 November 2020, 2020, Conference Paper, PRESENTED
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108, Notes: [Contributes to national public debate on COVID-19 and policy-making by the State.], Report, PUBLISHED  TARA - Full Text  URL
  

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Fennelly, David, Judicial Review and the Civil Reform Bill, Civil Legal Aid: from Review to Reform?, TCD, 12 January 2026, 2026, Conference Paper, PRESENTED
Fennelly, D., Leading Cases before the Irish Courts, Ireland and EU privacy/digital laws: New horizons, Dublin, 2026, Conference Paper, PUBLISHED
Fennelly D, The Kirwan Judgment and State Litigation Principles, AGO Secondee Conference, Iveagh House, 2026, Conference Paper, PRESENTED
Fennelly, D., Claims for Non-Material Damage - Data Protection, PL&B Ireland Conference, Dublin, 6 February 2025, 2025, Conference Paper, PRESENTED
Fennelly, David, Public Interest Litigation & Access to Justice: A Practitioner's Perspective, Public Interest Litigation & Access to Justice - Domestic and International Challenges and Opportunities, NUI Galway, 14-15 November 2025, 2025, Conference Paper, PUBLISHED
Fennelly, D., Climate Change Litigation and its Conundrums, Irish Centre for European Law - European Human Rights in Practice, Royal Courts of Justice, Belfast, 16 May 2025, 2025, Conference Paper, PRESENTED
Fennelly, D., Rule of Law - Current Challenges in Ireland, IHREC Annual Conference - A Time for Courage and Vision, Croke Park, 16 September 2025, 2025, Conference Paper, PRESENTED
Fennelly, D., Compensation for Breach of Data Protection Law: Recent Developments, Irish Centre for European Law - Data Protection and Privacy Conference, Royal Irish Academy, 18 June 2024, 2024, Conference Paper, PRESENTED
Fennelly, D. and Synnott, E., Statutory Interpretation: Recent Lessons from the Supreme Court, Office of the Attorney General, 11 July 2024, 2024, Conference Paper, PRESENTED
Fennelly, D., The ECHR and the Charter in the Practice of EU Law, Council of Europe HELP, Law Society of Ireland,, 2024, Conference Paper, PUBLISHED

  


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Award Date
Fellow, Trinity College Dublin 2026
Senior Counsel 2024
Visiting Scholar, Lauterpacht Research Centre for International Law, University of Cambridge 2008
TCD Broad Curriculum Studentship 2007-8
NYU Global Public Interest Fellow 2005-6
NYU International Law and Human Rights Fellow 2005
NYU Merit Scholar 2004-5
Fulbright Scholar 2004-5
Scholar, Trinity College Dublin 2002-2008
Government of Ireland Easter Week Commemoration Patrick Pearse Scholar 2000-2009
The interaction between international law, European law and Irish law lies at the heart of my research. In my monograph, I broke new ground by critically analysing the changing framework for international law in Ireland as a result of EU membership. I have continued to research and publish on novel and complex issues in this broad field, from sanctions, through human rights, to Brexit. More recently, I have focused my attention on important specialised areas where these legal systems interact in practice, most notably equality and data protection. I have combined traditional academic outputs (a monograph, journal articles, book chapters and conference papers) with a significant record of public engagement and practice at the highest level in my fields of expertise, which has enriched my research and teaching. I am regularly invited to speak at conferences in Ireland and internationally, have addressed parliamentary committees and a wide range of other bodies, and have undertaken significant public service (e.g. as a member of the Government Data Forum and IHREC Future of Equality Legislation Advisory Committee). I have also had the honour of representing Ireland before international courts, as well as acting in landmark litigation before the Irish courts in my fields of expertise. Finally, I have demonstrated leadership in engaged and community-based research as well as research-led teaching, both through my close work with a leading human rights NGO with close ties to Trinity, FLAC (Free Legal Advice Centres), of which I served as chair between 2021-2024, and through the innovative LLM Human Rights Law Clinic I established, which has pioneered collaborative research projects between NGOs and postgraduate law students with a focus on how international and European law can inform domestic public policy challenges in areas as diverse as civil legal aid, equality law, asylum/immigration and social welfare.