Salvation outside the church? The ECJ rules on religious discrimination in employment

Background The Court of Justice has issued its first major ruling on the reconciliation of the autonomy rights of religious organisations with the right of employees (or potential employees) of such organisations to be free of discrimination. In 2012 Vera Egenberger applied for a fixed term post advertised by the Evangelisches Werk für Diakonie und Entwicklung, which is a body associated with the Evangelische Kirche in Deutschland (a German Protestant church). The post advertised sought a person who could prepare a report on Germany’s compliance with the United Nations International Convention…

Childhood’s End? The Court of Justice upholds unaccompanied child refugees’ right to family reunion

Professor Steve Peers, University of Essex Turning 18 is a big moment in any young person’s life. Although it rarely entails, by itself, an immediate change in their social and economic links with their parents, it is widely recognised as a significant rite of legal passage, marking as it does the official date of becoming an adult. But what if the main legal impact of turning 18 is not the enhancement of a young person’s legal rights, but rather their deterioration? That is often the scenario in immigration or asylum…

Extradition to non-EU countries – further developments in EU case law

Professor Steve Peers, University of Essex* Today’s ECJ judgment in Pisciotti on the extradition of citizens of a different Member State to a non-EU country (in this case, the USA) adds to its case law in this area – and has some interesting implications for Brexit. The new ruling builds on the September 2016 Petruhhin judgment on extradition of the citizens of another Member State to Russia, which I discussed in detail here. The case concerns an Italian citizen extradited to the USA after being arrested while in transit in…

A Personal Reflection on the Good Friday Agreement

Sarah Kay, human rights lawyer In the spring of 1998, I was a sulky, resentful young teenager. I had grown up in a tiny one-story house with my grandmother and my incoming, outgoing band of cousins. My grandfather, active in the Republican movement, had passed a few years before. I was very fortunate to be able to travel to the continent during the summer, where my parents had custody of me. It was a door to the outside world very few in West Belfast had access to. Our world was…

EU Law Analysis: EU Court Condemns the EU Legislative Process for Lack of Transparency: Time to Open Up?

Massimo Frigo, Senior Legal Adviser of the International Commission of Jurist’s Europe Programme* It is sometimes cases on obscure administrative processes that become landmark judgments in the ever constant building of our democratic legal systems. In the US Marbury v. Madison was a case that at the time attracted little attention as the subject matter related to respect of procedures in judicial appointments. This notwithstanding it came to be the legal milestone of constitutional review in the US legal system. In the European Union one of these cases was decided…