EC law – Page 21 – Current Awareness

Court of Justice finds UK transgender state pension law discriminatory – Family Law

Posted July 10th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘Pensions analysis: A ruling by the Court of Justice of the European Union in MB v Secretary of State for Work and Pensions Case C-451/16 [2018] All ER (D) 135 (Jun) that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women is examined by Dr Christopher Stothers, a partner at Freshfields Bruckhaus Deringer. This case has significant implications on how countries recognise changes to gender.’

Family Law, 10th July 2018

Source: www.familylaw.co.uk

Rights holders face extra burdens under new WHOIS data plan – OUT-LAW.com

Posted July 10th, 2018 in data protection, domain names, EC law, intellectual property, internet, news by sally

‘Businesses are likely to encounter additional barriers when seeking to enforce their intellectual property (IP) rights under any new plans that are drawn up for accessing ‘WHOIS’ data.’

OUT-LAW.com, 10th July 2018

Source: www.out-law.com

How Does New Brexit Secretary Dominic Raab Stack Up On Human Rights? – Rights Info

Posted July 10th, 2018 in brexit, constitutional reform, EC law, human rights, ministers' powers and duties, news by sally

‘In a shock resignation at almost midnight, one of the leading figures responsible for Brexit negotiations has quit his cabinet post.’

Rights Info, 9th July 2018

Source: rightsinfo.org

Post-Brexit settlement scheme for EU nationals – Technology Law Update

Posted July 10th, 2018 in brexit, EC law, families, immigration, news, treaties by sally

‘The Government has published long-awaited details of the post-Brexit Settlement Scheme for EU nationals in the UK. Details are set out in the Government’s EU Settlement Scheme Statement of Intent.’

Technology Law Update, 9th July 2018

Source: www.technology-law-blog.co.uk

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by tracey

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

OUT-LAW.com, 5th July 2018

Source: www.out-law.com

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

Posted July 4th, 2018 in divorce, EC law, marriage, news, pensions, sex discrimination, Supreme Court, transgender persons by sally

‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’

UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, brexit, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

UK Constitutional Law Association, 3rd July 2018

Source: ukconstitutionallaw.org

Law Pod UK Ep. 38: Brexit – Two years on – 1 COR

Posted June 28th, 2018 in bills, brexit, EC law, immigration, news, referendums, treaties by sally

‘Catherine Barnard of Cambridge University talks to reporter Boni Sones about the progress of the Brexit negotiations two years after the UK narrowly voted to leave the EU in a Referendum on Thursday, June 23rd, 2016.’

Law Pod UK, 26th June 2018

Source: audioboom.com

New Acts – legislation.gov.uk

Posted June 27th, 2018 in EC law, legislation, nuclear power, treaties by tracey

European Union (Withdrawal) Act 2018

Nuclear Safeguards Act 2018

Source: www.legislation.gov.uk

Transgender woman wins pension court battle – BBC News

Posted June 26th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘A transgender woman who was unable to access her pension, was discriminated against by UK law, the European Court of Justice has found.’

BBC News, 26th June 2018

Source: www.bbc.co.uk

The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed – Oxford Human Rights Hub

Posted June 25th, 2018 in bills, brexit, EC law, human rights, news by sally

‘On Monday in the House of Lords, Lord Pannick withdrew his amendment to the EU Withdrawal Bill retaining the EU Charter as part of the UK’s post-Brexit settlement. With this, the Charter’s fate in UK law post Brexit was sealed. When the UK leaves the EU, the EU Charter will cease to apply. The status of the Charter during the transitional period, whilst the UK is neither in nor out of the EU, is still to be confirmed but it would seem inconceivable that the Charter would not continue to apply during that period.’

Oxford Human Rights Hub, 20th June 2018

Source: ohrh.law.ox.ac.uk

The EU Withdrawal Bill in the Commons: Parliament surrendering control? – Oxford Human Rights Hub

Posted June 19th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament by sally

‘Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, where the Government was defeated on 15 substantial amendments.’

Oxford Human Rights Hub, 18th June 2018

Source: ohrh.law.ox.ac.uk

Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org

Justice Minister Phillip Lee Resigns Over Brexit Saying We Need To Be On ‘The Right Side of History’ – Rights Info

Posted June 13th, 2018 in brexit, EC law, human rights, news, political parties by sally

‘Justice minister Phillip Lee has resigned from his position, during a keynote speech about the importance of human rights.’

Rights Info, 12th June 2018

Source: rightsinfo.org

Jack Simson Caird: Parliament’s Right to a ‘Meaningful Vote’: Amendments to the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted June 12th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament, treaties by sally

‘On Tuesday 12 June 2018, the Government will ask the House of Commons to reject the Lords’ meaningful vote amendment to the EU (Withdrawal) Bill (Lords Amendment 19). If the amendment is rejected, the Government will ask the Commons to accept its own alternative version, known as an ‘amendment in lieu’. If either amendment is enacted, and the Commons uses its veto to reject the Withdrawal Agreement, this would be a constitutionally unprecedented situation. This post looks at the Government’s ‘amendment in lieu’, and the features that distinguish it from the Lords’ amendment.’

UK Constitutional Law Association, 11th June 2018

Source: ukconstitutionallaw.org

GDPR and those emails – Law Society’s Gazette

Posted June 4th, 2018 in data protection, EC law, electronic mail, news by sally

‘The new General Data Protection Regulation (GDPR) came into force on Friday 25 May 2018. Ironically, a law designed to protect peoples’ privacy in a digital age has unleashed a torrent of spam emails.’

Law Society's Gazette, 4th June 2018

Source: www.lawgazette.co.uk

‘The main driver was costs’ – judges make no order in £2m case – Law Society’s Gazette

Posted June 4th, 2018 in airlines, contracts, costs, EC law, news by sally

‘The Court of Appeal has criticised both parties in a flight compensation group claim for creating a situation where costs finished up ‘out of all proportion’ to the amount sought.’

Law Society's Gazette, 1st June 2018

Source: www.lawgazette.co.uk

What is GDPR and how will it affect you? – The Guardian

Posted May 22nd, 2018 in data protection, EC law, news, privacy, regulations by sally

‘You could be forgiven for thinking that Europe’s General Data Protection Regulation (GDPR) is a law created to fill your inbox with identikit warnings from every company you have ever interacted with online that “the privacy policy has changed” and pleas to “just click here so we can stay in touch”.’

The Guardian, 21st May 2018

Source: www.theguardian.com

Brexit implications for family law analysed in panel discussion at European Parliament – Family Law

Posted May 21st, 2018 in brexit, divorce, EC law, families, family courts, foreign jurisdictions, news by sally

‘Four family law experts took part in a panel discussion at the European Parliament yesterday to discuss the implications for family law of the UK leaving the EU.’

Family Law, 18th May 2018

Source: www.familylaw.co.uk

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