EU Law Analysis: Facebook, defamation and free speech: a pending CJEU case

EU Law Analysis: Facebook, defamation and free speech: a pending CJEU case Facebook, defamation and free speech: a pending CJEU case Dr Paolo Cavaliere, University of Edinburgh Law School, paolo.cavaliere@ed.ac.uk In the next few months the Court of Justice of the European Union is expected to deliver a decision with the potential to become a landmark in the fields of political speech and intermediary liability (the Advocate-General’s opinion is due June 4). In fact the Court will have to render its opinion on two intertwining yet distinct questions: first, the…

the EU, Germany, and the United States

EU Law Analysis: Strengthening democracy through public participation in policy-making: the EU, Germany, and the United States Strengthening democracy through public participation in policy-making: the EU, Germany, and the United States Susan Rose-Ackerman (Henry R. Luce Professor of Law and Political Science, Emeritus, Professorial Lecturer in Law, Yale University) and Lena Riemer (Fox Fellow at Yale University; Doctoral candidate at Freie Universität Berlin)* The European Union and some of its Member States are beginning to introduce enhanced public participation in executive regulatory processes at the same time as the United…

Tribunal orders injury to feelings award for employee who was asked to keep her sexuality a secret | Employment Law Blog

Last month, an Employment Tribunal ordered an employer to pay a former employee the sum of £8,000 (plus interest), in the form of an injury to feelings award, following its earlier judgment that the employee had been directly discriminated against on the basis that she was a lesbian. This was despite the fact that there was no evidence that the discriminator was in any way prejudiced against lesbian employees.    McMahon v Redwood TTM Limited and Pilling Ms McMahon, a Quality Control Manager, began working for Redwood in May 2017.…

WhatsApp messages: a treasure trove of evidence in team moves | Employment Law Blog

The Court of Appeal’s judgement in Forse & ors v Secarma Ltd & ors is an important case on springboard injunction applications in employee competition and team move cases. It is also a prime example of how WhatsApp messages can provide crucial evidence in such cases.  WhatsApp famously offers “end-to-end encryption” so that “your messages… are secured from falling into the wrong hands” and “only you and the person you’re communicating with can read what’s sent” (these are quotes from its website, although at the time of writing it is…

Credibility of witness evidence justified dismissal under FCA’s ‘fit and proper’ test | Employment Law Blog

A recent Employment Appeal Tribunal (EAT) case has highlighted that if a court or tribunal criticises the credibility of witness evidence from a regulated financial services executive, then they are at risk of failing the fit and proper test, and being dismissed. With the employer’s assessment of their lack of honesty and integrity then a matter of record under the FCA’s regulatory references rules, securing new employment in the financial services sector will be very hard, if not impossible.  We recently looked at the FCA’s fit and proper test, and…

Friendly Fire in the European Union? AG Sharpston’s opinion on the validity of the revised firearms Directive

EU Law Analysis: Friendly Fire in the European Union? AG Sharpston’s opinion on the validity of the revised firearms Directive Friendly Fire in the European Union? AG Sharpston’s opinion on the validity of the revised firearms Directive Niels Kirst (University Paris II – Panthéon-Assas)                              The recent opinion by Advocate General Sharpston (hereafter: “AG”), which was released on 11th April 2019, concerned the validity of Directive 2017/853, the so-called firearms Directive. The Czech Republic claimed that the European Parliament and the Council used the wrong legal basis, the internal market…

Accidents on the road and responsibilities off it

James Marson (Reader in Law, Sheffield Hallam University), Katy Ferris (Assistant Professor in Business Law, Nottingham University Business School) and Neil Fletcher (Senior Lecturer, Sheffield Hallam University) Remedies for a Member State’s breach of EU law includes liability in damages. State liability has experienced notable successes in UK jurisprudence, but, generally, has also demonstrated limitations in holding the State to account for losses suffered by individuals. Establishing a ‘sufficiently serious’ breach of the law is frequently the limiting factor. However, in motor vehicle insurance law several state liability successes have…

the CJEU reconciles EU law with international (investment) law

Professor Steve Peers, University of Essex In recent years, investor-state dispute settlement (ISDS) has become a political minefield. Its critics argue that ISDS is a secret court system designed to allow multinational corporations to thwart any progressive legislation approved by democratically elected governments. Its defenders argue that these claims are exaggerated, and that ISDS performs a useful function attracting investment and securing property rights. The arguments about ISDS are worldwide, but they have increasingly arisen within the particular framework of EU law. From 2009, the Treaty of Lisbon gave the…

The importance of carrying out a fair and proper investigation process | Employment Law Blog

The recent judgment in the case of The Governing Body of Tywyn Primary School v Mr Aplin, serves as a good reminder to employers of the value in carrying out proper and fair internal investigations.   Conducting a proper internal investigation is the key to a fair disciplinary process. Employers should therefore be mindful of their own internal policy, take time to follow the steps that it sets out, and ensure that the employee being investigated is given a fair chance to present their case, which includes having all the necessary…

is the new EU Directive on transparent and predictable working conditions in the EU really a boost?

EU Law Analysis: Workers’ rights in the gig economy: is the new EU Directive on transparent and predictable working conditions in the EU really a boost? Workers’ rights in the gig economy: is the new EU Directive on transparent and predictable working conditions in the EU really a boost? Bartłomiej Bednarowicz, PhD Researcher at the Faculty of Law of the University of Antwerp Last week, the European Parliament approved the Directive on Transparent and Predictable Working Conditions in the European Union, which interestingly is the very first legally binding instrument…