Category: EC law

Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise – UK Constitutional Law Association

Posted October 7th, 2015 in bills, brexit, constitutional law, EC law, elections, news, referendums by sally

‘In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading in the House of Lords is scheduled for 13 October 2015. Following the recommendation of the Electoral Commission, the initially proposed question: ‘Should the UK remain a member of the European Union?’ was replaced with an arguably more neutral question: ‘should the UK remain a member of the European Union or leave the European Union’.’

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UK Constitutional Law Association, 7th October 2015

Source: www.ukconstitutionallaw.org

UK’s discriminatory migrant residence tests are legal – preliminary EU ruling – The Guardian

Posted October 7th, 2015 in benefits, domicile, EC law, immigration, news by sally

‘The practice of discriminating against EU migrants in the UK by subjecting them to a residence test for benefit payments is legal, according to a preliminary European court ruling.’

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The Guardian, 6th October 2015

Source: www.guardian.co.uk

Privacy groups hail ‘freedom from surveillance’ in European court’s Facebook ruling – The Guardian

Posted October 7th, 2015 in consent, data protection, EC law, internet, news by sally

‘Private industry was in a rage while privacy groups were elated on Tuesday over a new ruling by the European Court of Justice (ECJ) affirming European citizens’ right to privacy from American tech companies.’

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The Guardian, 6th October 2015

Source: www.guardian.co.uk

EU court ruling favours UK prisoner vote ban – BBC News

Posted October 6th, 2015 in EC law, elections, human rights, news, prisons, proportionality by sally

‘The UK’s ban on prisoners’ rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.’

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BBC News, 6th October 2015

Source: www.bbc.co.uk

Facebook data transfers threatened by Safe Harbour ruling – BBC News

Posted October 6th, 2015 in agreements, data protection, EC law, internet, news, privacy by sally

‘A pact that helped the tech giants and others send personal data from the EU to the US has been ruled invalid.’

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BBC News, 6th October 2015

Source: www.bbc.co.uk

UK’s prisoner voting ban likely to be ruled illegal by EU court – The Guardian

Posted October 6th, 2015 in EC law, elections, human rights, news, prisons by sally

‘Britain’s blanket ban on prisoners being allowed to vote is expected to be ruled unlawful on Tuesday morning by the EU’s highest court, challenging David Cameron’s long defiance of similar human rights rulings.’

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The Guardian, 6th October 2015

Source: www.guardian.co.uk

Consumer Rights Act now in force in the UK – OUT-LAW.com

Posted October 5th, 2015 in consumer protection, damages, EC law, internet, news, time limits by sally

‘New consumer rights legislation has come into force in the UK.’

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OUT-LAW.com, 2nd October 2015

Source: www.out-law.com

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

Posted October 5th, 2015 in appeals, civil procedure rules, competition, consumer protection, damages, EC law, jurisdiction, limitations, news, tribunals by sally

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

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Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

UK consults on ‘improvements’ to environmental costs protection rules – OUT-LAW.com

Posted October 1st, 2015 in consultations, costs, EC law, environmental protection, news by sally

‘The UK government has begun a preliminary consultation on changes to the costs protection rules in environmental cases in England and Wales. The Environmental Costs Protection Regime is designed to ensure that it is not “prohibitively expensive” for campaigners and members of the public to challenge the decisions of public bodies. Improvements to the regime are needed to address concerns raised by the European Commission over the UK’s approach to the rules, particularly the fact that they do not take into account challengers’ individual financial circumstances. The Court of Justice of the European Union (CJEU) upheld the Commission’s case in February 2014.’

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OUT-LAW.com, 30th September 2015

Source: www.out-law.com

UK e-cigarette firm fights EU vaping laws in European court – The Guardian

Posted October 1st, 2015 in EC law, health, news, regulations, smoking by sally

‘A British company is taking its challenge against EU proposals on e-cigarette production, sales and marketing to the European court of justice.’

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The Guardian, 1st October 2015

Source: www.guardian.co.uk

‘Infosecurity’ not distinctive enough for trade mark protection, says court – OUT-LAW.com

Posted September 29th, 2015 in EC law, intellectual property, news, trade marks by sally

‘The UK-based organiser of the international ‘Infosecurity’ conference series has failed in its attempt to register the name as a trade mark, after an EU court found that it had “not acquired distinctive character through use”.’
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OUT-LAW.com, 29th September 2015

Source: www.out-law.com

Blackstone’s Statutes: top legislation – OUP Blog

Posted September 28th, 2015 in conveyancing, EC law, human rights, leases, legislation, mental health, news by sally

‘With the recent publication of the 2015-2016 editions of the Blackstone’s Statutes series, we asked some of the authors to select a piece of legislation from the series that has the most impact on their subject area.’
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OUP Blog, 28th September 2015

Source: www.oupblog.com

Key ruling on charging for property search information out in early October – Local Government Lawyer

Posted September 25th, 2015 in disclosure, EC law, freedom of information, interpretation, judicial review, local government, news by sally

‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’

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Local Government Lawyer, 23rd September 2015

Source: www.localgovernmentlawyer.co.uk

Donating embryos for medical research–a human rights minefield – Halsbury’s Law Exchange

Posted September 25th, 2015 in consent, EC law, embryology, human rights, Italy, jurisdiction, news, privacy, proportionality by sally

‘The case of Parrilo v Italy [2015] ECHR 755, decided by the Grand Chamber of the ECt.HR (16-1), that Italian legislation banning the donation of embryos obtained by IVF for scientific research was within Italy’s margin of appreciation and thus was not in breach of the applicant’s (Ms Parillo) right to private life and autonomy under Article 8 of the ECHR.’

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Halsbury’s Law Exchange, 24th September 2015

Source: www.halsburyslawexchange.co.uk

Joshua Folkard: Horizontal Direct Effect of the EU Charter of Fundamental Rights in the English Courts – UK Constitutional Law Association

Posted September 23rd, 2015 in constitutional law, EC law, human rights, judiciary, news, parliament by sally

‘The Court of Appeal has recently pronounced (twice) that some provisions of the Charter of Fundamental Rights of the European Union have horizontal direct effect. These decisions provide some guidance as to the legal and constitutional status of the Charter (at least from an English perspective). The Court of Appeal in both cases held that this conclusion required the disapplication of primary UK legislation. These decisions therefore raise an issue as to the appropriate balance of power between Parliament and English judges.’

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UK Constitutional Law Association, 23rd September 2015

Source: www.ukconstitutionallaw.org

No human rights in EEA appeals says Upper Tribunal – Free Movement

Posted September 22nd, 2015 in appeals, EC law, human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’

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Free Movement, 21st September 2015

Source: www.freemovement.org.uk

MoJ consults on costs protection in environmental litigation – Litigation Futures

Posted September 22nd, 2015 in consultations, costs, EC law, environmental protection, news by sally

‘The government has launched a consultation on steps to bring the UK into line with recent judgments of the European Court of Justice on costs protection for certain environmental challenges.’

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Litigation Futures, 21st September 2015

Source: www.litigationfutures.com

Travel time ruling will not automatically entitle UK mobile workers to extra pay, says expert – OUT-LAW.com

Posted September 15th, 2015 in contract of employment, EC law, employment, minimum wage, news, remuneration, working time by sally

‘FOCUS The EU’s highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as “woking time” – but this does not necessarily entitle them to extra pay.’

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OUT-LAW.com, 11th September 2015

Source: www.out-law.com

When is travelling time working time? And when does working time not earn the minimum wage? – Employment Law Blog

Posted September 15th, 2015 in EC law, employment, minimum wage, news, working time by sally

‘The European Court of Justice (“the ECJ”) has now given judgment in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security Case C-266/14 consistent with the Advocate General’s opinion, on which James Goudie QC blogged recently. For peripatetic or mobile workers (who do not have a fixed or habitual workplace) time spent travelling from home to the first appointment and from the last appointment back home counts as working time under EU law. The judgment has very significant implications for employers whose workforce includes, for example, home care staff, gas fitters, and sales teams.’

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Employment Law Blog, 14th September 2015

Source: www.employment11kbw.com

European rules would make it harder for LeO to reject complaints – Legal Futures

Posted September 8th, 2015 in complaints, consultations, dispute resolution, EC law, legal ombudsman, news by sally

‘The European directive on alternative dispute resolution (ADR) will not only extend the period for making complaints about lawyers from six to 12 months, but reduce the grounds for the Legal Ombudsman (LeO) to reject them, it has emerged.’

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Legal Futures, 8th September 2015

Source: www.legalfutures.co.uk