why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May

EU Law Analysis: Of extension of UK membership and basic democratic principles: why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May Of extension of UK membership and basic democratic principles: why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May Professor Eleanor Spaventa, Bocconi University To say that the political situation is the UK regarding Brexit negotiations is volatile is an underestimation of reality; Mrs…

We need to talk about Article 50

EU Law Analysis: Extension and elections: We need to talk about Article 50 Extension and elections: We need to talk about Article 50 Professors Catherine Barnard and Steve Weatherill, Universities of Cambridge and Oxford respectively Its 261-word text is now infamous. It is brief, at times laconic, and leaves many things unsaid or uncertain. So, what does – and doesn’t – Article 50 permit? Let’s start with the easy stuff.  Article 50(3) says that the two-year period can be extended by the European Council acting by unanimity (all 27 EU…

EU Law Analysis: The second vote against the withdrawal agreement: what next?

Professor Steve Peers, University of Essex The second attempt to approve the withdrawal agreement has been defeated again in the House of Commons. What were the main legal issues in this second attempt – and what is the way forward, if any? MPs were asked to vote on five documents: a)      The Withdrawal Agreement, as agreed in November, which has not been changed (see my overview of the agreement here) b)      The non-binding Political Declaration on the future relationship with the EU, which has not been changed (see my detailed…

Legal Analysis of the Strasbourg Deal of March 11 2019

Professor Michael Dougan, University of Liverpool, 12 March 2019 Summary: The legal form of the “Instrument relating to the Withdrawal Agreement” and / or the “Joint Statement supplementing the Political Declaration” is of little importance.  The real question is whether the new measures make any meaningful changes to the withdrawal package which was politically endorsed in November 2018 and now awaits approval in the Commons.  The Instrument largely restates existing provisions of the Withdrawal Agreement without making any appreciable additions or changes.  In particular: the “backstop” is still capable of…

Pitfalls for employers: dismissals and TUPE transfers | Employment Law Blog

The recent Court of Appeal case of Hare Wines Ltd v Kaur is a reminder of the caution that should be exercised by employers when carrying out dismissals either before or after a TUPE transfer. In this case, an employer attempted to argue that the dismissal in question was carried out for “purely personal reasons” unrelated to the TUPE transfer, an argument which was dismissed by the Court of Appeal. Background The Claimant was employed as a cashier in H&W Wholesale Ltd (H&W), a wine wholesale business. When H&W began…

Prison Break? The CJEU rules on clashing EU and national law obligations on detention time limits

Joske Graat, PhD candidate, Utrecht University If EU law provides for a longer period of detention of a person subject to a European Arrest Warrant, and national law provides for a shorter period, which prevails? If national law is vague about the issue, is that a violation of the ECHR (and therefore also the EU Charter of Fundamental Rights), which provides that detention needs to be ‘lawful’, and so relevant national laws must be precise? In the recent TC judgment the Court of Justice of the European Union (CJEU) provided…

The relationship between the EU Charter of Fundamental Rights and Directives in horizontal situations

EU Law Analysis: The relationship between the EU Charter of Fundamental Rights and Directives in horizontal situations The relationship between the EU Charter of Fundamental Rights and Directives in horizontal situations L.S. Rossi, Judge of the Court of Justice of the European Union The Kücükdeveci ambiguity: “derivative” horizontal direct effects for directives? According to Article 6(1) TEU, the Charter of Fundamental Rights of the European Union (hereinafter, the “Charter” or “CFR”) has the same legal value as the Treaty. After the entry into force of Treaty of Lisbon, the question…

a reply to Giles Fraser

Professor Steve Peers, Unversity of Essex “Why won’t Remainers talk about family?” shrieks the smearing, ad hominem clickbait – otherwise known as an article by cleric Giles Fraser. The answer is that of course we do: for instance, I’ve discussed family issues and Brexit many times on Twitter and as editor of this blog, and Chris Kendall is one of many people who’ve discussed Brexit and their own family. Where to begin with this article? It’s an incoherent argument for extreme social conservatism which starts out with a stereotype of…

Disclosing the past, how much does the regulator need to know? | Regulatory Blog

On 30 January 2019, the Supreme Court handed down judgment in the eagerly awaited matter of R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2019] UKSC 3 relating to the disclosure of criminal records. We expect this decision will bring about legislative amendment, but in the interim we consider how this decision impacts on the employment/regulatory sector? Background The case dealt with an appeal brought by the Home Office after the Court of Appeal ([2016] NICA 42…

The European Central Bank – judicial review of monetary policy and banking supervision

The financial crisis has had broad political and economic effects across the European Union. It has had legal effects too – leading to the European Central Bank (ECB) not only developing controversial new means of intervention in monetary policy, but also being granted new powers of banking supervision and (with the ‘Troika’ of the Commission and the IMF) becoming involved in austerity policies in the Member States that needed financial assistance.  The two blog posts below discuss recent developments in the case law on review of the monetary policy (Weiss:…