the CJEU gives its first interim measures ruling on the rule of law in Poland

Daniel Sarmiento,  Professor of EU Law at the University Complutense of Madrid* The decision of 19 October of the Vice-President of the Court of Justice, ordering the Republic of Poland to suspend the effects of the Judiciary Reform Act and, in particular, to ensure that no sitting judge is removed as a result of the new retirement age, is revolutionary to say the least. The Court has entered a terra incognita, a place where no previous European court had ever entered into, forcing a sovereign Member State to choose between its membership…

EU Law Analysis: The “Mellifera” case and access to environmental justice under the Aarhus Regulation: new findings, old story

Mario Pagano, PhD candidate in EU environmental law, European University Institute The Aarhus Convention is probably the most important piece of international law relating to environmental democracy rights. Indeed, this UN Convention – adopted in 1998 – enshrines three individual procedural rights having a direct link to environmental protection. These rights (also known as the three Aarhus “pillars”) are the right to environmental information, the right to participate in the environmental decision-making, and the right to access to justice in environmental matters. The Aarhus Convention Compliance Committee (ACCC) is the…

Human rights v the European Arrest Warrant? The legality of surrender detention after 90 days

EU Law Analysis: Human rights v the European Arrest Warrant? The legality of surrender detention after 90 days Human rights v the European Arrest Warrant? The legality of surrender detention after 90 days Joske Graat, PhD student, Utrecht University The Amsterdam District Court, which has the exclusive jurisdiction in the Netherlands to decide on incoming European Arrest Warrants (EAW), currently finds itself stuck between national rules and EU law obligations on detention and provisional release.  According to the Dutch Surrender Act (SA), the requested person needs to be (provisionally) released…

The compatibility of Ireland’s Public Health (Alcohol) Bill with EU law

EU Law Analysis: The compatibility of Ireland’s Public Health (Alcohol) Bill with EU law The compatibility of Ireland’s Public Health (Alcohol) Bill with EU law Dr. Ollie Bartlett, Maynooth University This month the Irish Public Health (Alcohol) Bill completed its passage through the houses of the Oireachtas, after two years and nine months of debate. The Bill introduces five main interventions: minimum pricing of alcoholic beverages; stricter labelling of alcoholic beverages; restrictions on alcohol advertising; the structural separation of alcoholic beverages from other products in retail outlets; and restrictions on…

EU Law Analysis: The next phase of the European Border and Coast Guard: towards operational effectiveness

Mariana Gkliati, PhD researcher at Leiden University working on the accountability of Frontex for human rights violations during its operations Two years after the establishment, in record time, of the European Border and Coast Guard (EBCG), the Commission’s new proposed Regulation opens the way for a standing corps of 10,000 border guards, with its own equipment and greater executive powers. The proposal was presented during the State of the Union Address on 12 September 2018. President Jean-Claude Juncker, in his speech before the European Parliament, announced the adoption of 18…

the CJEU clarifies police powers

Lorna Woods, Professor of Internet Law, University of Essex This week’s CJEU judgment in Case C-207/16 Ministerio Fiscal is part of the jurisprudence on the ePrivacy Directive, specifically Article 15 which broadly allows Member States to permit intrusions into the confidentiality of communications for certain specified reasons.  Article 15 is part of the legal framework for the mass retention of communications data from Digital Rights Ireland (Case C-293/12 and 594/12), EU:C:2014:238) (“DRI”) on and in which the Court has affirmed that retention schemes could be justified only in the case…

Is Section 40 of the Equality Act due a comeback? | Employment Law Blog

Section 40 of the Equality Act 2010 (EqA 2010) rendered employers liable to employees if they were subjected to harassment by third parties during the course of their work and if – despite knowing harassment had occurred on two previous occasions – the employer had not taken reasonable steps to stop it happening again. Some referred to this as the ‘three strikes’ rule.   As CBI director-general Carolyn Fairbairn explained in her recent speech to the Fawcett Society, most employers already believe they have a duty to protect their staff from…

Crushing terrorism online – or curtailing free speech? The proposed EU Regulation on online terrorist content

Professor Lorna Woods, University of Essex On 12th September 2018, the Commission published a proposal for a regulation (COM(2018) 640 final) aiming to require Member States to require certain internet intermediaries to take proactive if not pre-emptive action against terrorist content on line as well as to ensure that state actors have the necessary capacity to take action against such illegal content. It is described as “[a] contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018”. The proposal is a development from existing voluntary…

EU Law Analysis: Analysis of the ECtHR judgment in Big Brother Watch: part 2

Lorna Woods, Professor of Internet Law, University of Essex (These comments on the judgment follow part 1 of the analysis, which explained the Court’s reasoning). The Big Brother Watch judgment is, depending on your point of view, a confirmation of the possibility of bulk surveillance (para 314) or a recognition of the fact that the Regulation of Investigatory Powers Act (RIPA) regime was insufficient and that, to the extent that these weaknesses are copied over into the Investigatory Powers Act (IPA), that act is deficient also.  These two different views…

the CJEU rules on the execution of European Arrest Warrants issued by the UK prior to Brexit Day

Professor Steve Peers, University of Essex There’s a lot of legal debate about the consequences of Brexit, but the definitive word on the legal issues, as far as the EU is concerned, is the EU’s Court of Justice. Its first judgment on Brexit issues was released today, defining the legal position up until Brexit Day – and arguably influencing the approach to be taken after that date. Today’s judgment in RO concerned whether Ireland was still obliged to execute a European Arrest Warrant (EAW) issued by the UK, in light…