“You’re all individuals!” The CJEU rules on special status for minority religious groups

EU Law Analysis: “You’re all individuals!” The CJEU rules on special status for minority religious groups “You’re all individuals!” The CJEU rules on special status for minority religious groups Ronan McCrea, Professor of Constitutional and European Law, University College London After many years with no rulings on the interpretation of the provisions of Directive 2000/78 in relation to discrimination on grounds of religion or belief, the Court of Justice has now issued no fewer than five major decisions in the last two years, all five decided by the Grand Chamber. The…

EU Law Analysis: Brexit, asylum and the rights of the child: clarification from the CJEU

Professor Steve Peers, University of Essex What effect does Brexit have on asylum issues? That was one of the issues in a recent judgment of the CJEU, responding to a request from the Irish High Court which apparently affected a number of cases pending in Ireland. The judgment further addressed issues relating to the rights of child asylum-seekers, and the degree of discretion a Member State has under the EU’s Dublin rules on allocation of responsibility for considering asylum applications. The case concerned a family of three asylum-seekers. Two had…

At last we are moving away from a state of limbo over NDAs | Employment Law Blog

NDAs and Brexit have this in common. Whilst many may be unhappy and confused with the current position, consensus on the way forward has thus far proved elusive.  That may now be changing. The process began last year in light of the #Metoo campaign and in the aftermath of the Presidents Club Dinner at the end of January 2018.  First, the Solicitors Regulation Authority (SRA) issued a Warning Notice in March making clear that whilst NDAs were not prohibited per se, they could not be used as a means of…

One year on from the President’s Dinner, what has changed? | Employment Law Blog

Nothing has changed and yet everything has changed. One year on from the President’s Club dinner in London and some 15 months since Alyssa Milano kick-started the #MeToo movement on Twitter in October 2017, some have questioned what has actually changed in practice. After all, there has been no culture-changing legislation as we have had in recent years with disability and age, and the concept of sexual harassment has existed since the 1980s. But in reality, there has been nothing less than a revolution with regards to what is, and…

Q and A on the legal issues of asylum-seekers crossing the Channel

Professor Steve Peers, University of Essex* *Supported by an ESRC Priority Brexit Grant on ‘Brexit and UK and EU Immigration Policy’. Cynical politicians, aided by an uncritical media, aim to manufacture a moral panic from a modest number of people crossing the Channel. Be that as it may, these crossings raise a number of legal issues. There’s already a good discussion of many of them in the Free Movement blog, but I think it might also be useful to address some legal issues here, in a question and answer format.…

applying the EU Directive on non-EU long-term residents

Professor Steve Peers, University of Essex* *Supported by an ESRC Priority Brexit Grant on ‘Brexit and UK and EU Immigration Policy’. This blog post is based on part of chapter 6 of the 4th edition of my book on EU Justice and Home Affairs Law; I have updated it, abridged it, and added a discussion of the issues unique to UK citizens. What happens to UK citizens in the EU27 after Brexit, if they have been living in an EU27 country for some time? If the proposed withdrawal agreement is…

Dispute settlement and the Brexit withdrawal agreement

Professor Steve Peers, University of Essex One of the more contentious issues in the Brexit withdrawal agreement is dispute settlement, in particular whether the Court of Justice of the European Union (CJEU) still retains jurisdiction regarding the UK. This blog post first presents an overview of the issue, and then a detailed annotation of all the provisions in the withdrawal agreement relating to dispute settlement and the CJEU. This is the third in a series of blog posts on the details of the withdrawal agreement: the first two posts in…

Brexit II? The legal issues of revoking the notification to leave the EU but then notifying to leave again

EU Law Analysis: Brexit II? The legal issues of revoking the notification to leave the EU but then notifying to leave again Brexit II? The legal issues of revoking the notification to leave the EU but then notifying to leave again Ronan McCrea, Professor of Constitutional and European Law, University College London The CJEU ruling in the Wightman case (discussed here) has provided important additional information in relation to the Brexit process. The Court accepted arguments first made by Piet Eeckhout and Eleni Frantziou that notification of an intention to…

Devolved powers and EU withdrawal: Scotching the worst impacts of Brexit?

Alan S. Reid, Senior Lecturer in Law, Sheffield Hallam University. The author welcomes comments on the blog at a.s.reid@shu.ac.uk. The modern concept of Devolution in the United Kingdom was devised, created and implemented in the general context and expectation of continued UK membership of the European Union. Scotland, Wales and Northern Ireland were all granted various levels of legislative and executive autonomy under a set of constitutional statutes of the UK Parliament (Scotland Act 1998(SA 1998), Government of Wales Act 1998 (GOWA 1998)(now the Government of Wales Act 2006 (GOWA…

Devolved powers and EU withdrawal: Scotching the worst impacts of Brexit?

Alan S. Reid, Senior Lecturer in Law, Sheffield Hallam University. The author welcomes comments on the blog at a.s.reid@shu.ac.uk. The modern concept of Devolution in the United Kingdom was devised, created and implemented in the general context and expectation of continued UK membership of the European Union. Scotland, Wales and Northern Ireland were all granted various levels of legislative and executive autonomy under a set of constitutional statutes of the UK Parliament (Scotland Act 1998(SA 1998), Government of Wales Act 1998 (GOWA 1998)(now the Government of Wales Act 2006 (GOWA…