EU citizenship: all at sea? – New Law Journal
‘Jonathan Kingham explores the UK’s ‘offer’ on residency for EU citizens.’
New Law Journal, 21st July 2017
Source: www.newlawjournal.co.uk
Category: EC law
Council victorious in appeal over sex shop licensing fees – OUT-LAW.com
‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’
OUT-LAW.com, 21st July 2017
Source: www.out-law.com
Brexit: what happens to international litigation? – OUP Blog
‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’
OUP Blog, 24th July 2017
Source: blog.oup.com
Daniella Lock: Questions Regarding Judicial Deference in R (Campaign Against the Arms Trade) v Secretary of State for International Trade – UK Constitutional Law Association
‘Last week, the High Court rejected a claim for judicial review, brought by the NGO “Campaign Against the Arms Trade” against the Secretary of State for International Trade, regarding the exporting of arms to Saudi Arabia. The judges presiding over the case were Lord Justice Burnett and Mr Justice Haddon-Cave. It is argued here that there are several important questions to be asked about the approach to judicial deference taken in this case. They relate to the ‘behind-the-scenes’ role that deference may have played in the judges’ approach to complex factual material in this case, and the extent to which further clarity, as to the treatment of such material in future cases, may be desirable.’
UK Constitutional Law Association, 20th July 2017
Source: ukconstitutionallaw.org
Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association
‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’
UK Constitutional Law Association, 18th July 2017
Source: ukconstitutionallaw.org
Digital pirates – on a sinking ship? – Law Society’s Gazette
‘On 14 June 2017, the Court of Justice of the European Union (CJEU) handed down its long-awaited judgment in Stichting Brein v Ziggo BV (C-610/15), concerning the activities of controversial file-sharing platform The Pirate Bay (TPB).’
Law Society's Gazette, 17th July 2017
Source: www.lawgazette.co.uk
Proposals to make free movement of data a principle of EU law expected this autumn – OUT-LAW.com
‘The free movement of non-personal data is to be enshrined in EU law, the commissioner for the digital single market Andrus Ansip has said.’
OUT-LAW.com, 18th July 2017
Source: www.out-law.com
EU Law provides Pension Equality – UK Human Rights Blog
‘EU Equality law had its moment in the sun in the week after London Pride with the UK Supreme Court Judgment in the case of Walker v Innospec.’
UK Human Rights Blog, 18th July 2017
Source: ukhumanrightsblog.com
UK government publishes ‘repeal bill’ ahead of Brexit – OUT-LAW.com
‘The UK government has published draft new legislation which is designed to transfer existing EU legislation to the UK statute book and give ongoing recognition to EU case law established before the UK leaves the EU.’
OUT-LAW.com, 13th July 2017
Source: www.out-law.com
Self-employed workers do not have the same rights as employees under EU law, confirms the Court of Appeal – Free Movement
‘In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was whether a person with a child at school who had been self employed and ceased work might be entitled to claim Employment Support Allowance.’
Free Movement, 2nd July 2017
Source: www.freemovement.org.uk
Brexit faces potential court challenge over ‘technical flaw’ in way Article 50 was triggered – The Independent
‘There could be a “technical flaw” in the way Article 50 was triggered which could make it vulnerable to a challenge in court, the National Assembly for Wales has been told.’
The Independent, 5th July 2017
Source: www.independent.co.uk
Brexit will prove Britain’s judges are the best in the world, says new Justice Secretary – Daily Telegraph
‘Brexit will see Britain’s top judges prove they are the best in the world, the new Justice Secretary has insisted.’
Daily Telegraph, 6th July 2017
Source: www.telegraph.co.uk
Lord chief justice urges enforceability of EU rulings in UK post-Brexit – The Guardian
‘Ministers must work faster to ensure that after Brexit UK and EU court judgments are mutually recognised and enforced, the lord chief justice has urged.’
The Guardian, 5th July 2017
Source: www.theguardian.com
Dispute Resolution Post-Exit – Henderson Chambers
‘Both sides to the negotiations have already taken positions on the mechanisms for dispute settlement under the arrangements for the UK’s withdrawal from, and its future relationship with, the EU. As with other aspects of the negotiations, we have to hope that more flexibility will be shown on this issue, once the hard bargaining begins, than has seemed evident in the preparatory stage.’
Henderson Chambers, 24th June 2017
Source: www.hendersonchambers.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Christopher Badger and Laura Phillips consider the Bar Council’s Brexit Working Group paper on environmental law, the publication of revised voluntary guidelines for issuing Green Bonds, and pledges by the Mayor of London for a ‘zero-emission’ city by 2050.’
Six Pump Court, 26th June 2017
Source: www.6pumpcourt.co.uk
Clearer rules needed in the UK to support customer authentication by video, says expert – OUT-LAW.com
‘New rules are needed in the UK to make it clearer that it is acceptable for banks to verify the identity of new customers using video technology.’
OUT-LAW.com, 4th July 2017
Source: www.out-law.com
Lawyers plan to stop UK dropping EU rules on environment after Brexit – The Guardian
‘A taskforce of environmental lawyers is drawing up plans to stop thousands of EU rules protecting rivers, wildlife, coastlines and air quality from being dropped by the government after Brexit.’
The Guardian, 3rd July 2017
Source: www.theguardian.com
Systems of law and the European project – OUP Blog
‘Since the end of the Second World War, the European project has met with difficulties and even crises. Its momentum has, however, been strong enough to fend off these turbulent undercurrents, and it has developed incrementally in the decades since. Supported by its two pillars, The Council of Europe and the European Union, it is a Europe built on law, and the project is progressively taking on the contours of a new legal system.’
OUP Blog, 4th July 2017
Source: blog.oup.com
Don’t mention the bigger picture – Panopticon
‘The definition of ‘environmental information’ is notoriously wide. Notorious too is the difficulty of applying it and the lack of binding authority on how to go about the task.’
Panopticon, 29th June 2017
Source: panopticonblog.com
Local government pension scheme investment guidance was unlawful, High Court rules – OUT-LAW.com
‘Government guidance preventing the local government pension scheme (LGPS) from pursuing boycotts as part of their investment strategies has been found unlawful by the High Court.’
OUT-LAW.com, 28th June 2017
Source: www.out-law.com
