New EU Directive on Whistleblower Protection

Vigjilenca Abazi, Assistant Professor of EU Law, Maastricht University & Fellow, Yale Law School *The author is the co-author of the model Directive presented at the European Parliament in May 2016. With an overwhelming majority, the European Parliament on 16 April voted in favour of the new law to protect whistleblowers in the European Union. The Directive sets leading standards and has become a prime example of how a concerted effort by civil society – NGOs, trade unions, journalists, scholars, and whistleblowers – together with the European Parliament can lead…

When an employee is under regulatory or criminal investigation, how should their employer handle an internal disciplinary? | Employment Law Blog

Employers in such scenarios may face questions as to whether the employee can be suspended without pay or whether the internal investigation can be progressed pending the outcome of any regulatory or criminal investigation. A recent Court of Appeal case of North West Anglia NHS Foundation Trust v Gregg provides welcome guidance to employers on how to deal with such circumstances. The case involved an NHS employee who was suspended from carrying out his duties by his employer. He then appeared before an Interim Orders Tribunal (IOT) of the Medical Practitioners Tribunal…

controlling EU borders from a distance

Professor Steve Peers, University of Essex Today, the European Parliament is due to approve a revision of the law on the EU visa code, which sets out the basic rules on how to get a short-term visa to visit Schengen countries. Since this law was previously agreed with the EU Council, it is likely to be finally adopted by the Council in the near future. This law simplifies the visa application process a little, in return for increased application fees. But more significantly, it integrates EU visa policy even more…

Do increased powers come with enhanced accountability?

Mariana Gkliati, PhD researcher at Leiden University, working on the accountability of Frontex for human rights violations during its operations With the political agreement on the new Regulation reached at the beginning of April, due to be approved by the European Parliament today, the European Border and Coast Guard Agency, Frontex, is now closer than ever to its original conception as a fully-fledged European Border Police Corps. The new law, with its enhanced rules on removal to non-EU countries, will be approved in parallel to changes to the EU’s visa…

Does Poland infringe the principle of effective judicial protection? Recent developments in the CJEU

Femke Gremmelprez, PhD Researcher and Academic Assistant, Department of European, Public and International Law, Research group Ghent European Law Institute Despite the Court of Justice’s prominent role in the enforcement of EU law via the infringement procedure of Article 258 TFEU and the preliminary ruling procedure of Article 267 TFEU, the Court of Justice has predominantly been left out the enforcement of EU values, and the rule of law in particular. The EU Treaties remain silent with respect to an explicit competence for the Court of Justice to reinforce the…

Unemployment, residence rights, social benefits at three crossroads in the Tarola ruling

Francesca Strumia, Senior Lecturer, University of Sheffield School of Law* *This post draws in part on research supported by a Research Fellowship at the Collegio Carlo Alberto in Torino Last week’s CJEU ruling in Tarola, responding to a preliminary reference from the Irish Court of Appeal, interprets yet another cryptic provision of the Citizenship Directive, art. 7(3) on retention of worker status. The ruling sits at the intersection of EU law on free movement of workers, and on free movement of citizens. It is about rights descending from the status…

Trick or Treaty? The legal issues of the second extension of the UK’s EU membership

Professor Steve Peers, University of Essex With the second Brexit day deadline of April 12 only two days away, last night leaders of EU Member States, meeting as the European Council, decided to grant the UK a second extension of its EU membership, possibly up to Halloween this year. The key provisions in the formal decision extending membership for the second time provide that: The period provided for in Article 50(3) TEU, as extended by the [first extension decision], is hereby further extended until 31 October 2019. This decision shall enter…

How to minimise the risk of workplace sexual harassment claims | Employment Law Blog

What is the current best advice for any organisation wishing to protect itself from allegations of sexual harassment given the new environment post #MeToo and the Presidents Club dinner? This is a question we are frequently being asked nowadays because it has become increasingly obvious that workplace culture will never be the same again following both these events.  Indeed arguably we have witnessed a sea change every bit as big as has followed the introduction of new legislation to outlaw other forms of discrimination such as age, disability, religion or…

Schengen visa waivers for UK citizens

Professor Steve Peers, University of Essex* *Supported by an ESRC Priority Brexit Grant on ‘Brexit and UK and EU Immigration Policy’. Yesterday, the European Parliament (EP) and EU Council finally agreed on a proposal to waive visa requirements for UK citizens travelling to the EU after Brexit, whether the UK leaves the EU with a deal or not. This still needs to go through the formal steps of approval by the European Parliament and Council, but it’s unlikely that the law will be rejected at this point. (An EP committee…

Our ten point plan for companies wishing to minimise their exposure to claims of sexual harassment in the workplace | Employment Law Blog

What is the current best advice for any organisation wishing to protect itself from allegations of sexual harassment given the new environment post #MeToo and the Presidents Club dinner? This is a question we are frequently being asked nowadays because it has become increasingly obvious that workplace culture will never be the same again following both these events.  Indeed arguably we have witnessed a sea change every bit as big as has followed the introduction of new legislation to outlaw other forms of discrimination such as age, disability, religion or…