a Brand New EU Agency in Bratislava

EU Law Analysis: The European Labour Authority: a Brand New EU Agency in Bratislava The European Labour Authority: a Brand New EU Agency in Bratislava Bartłomiej Bednarowicz, PhD Researcher at the Faculty of Law of the University of Antwerp On Thursday, the Council decided that Bratislava will host the headquarters of a brand new EU agency: the European Labour Authority (ELA). The idea for the ELA was spelt out by President Juncker already in September 2017 in his annual State of the Union address. Juncker viewed ELA’s main mission to…

Jonathan Sumption’s view of human rights makes no sense in relation to the history of gay rights

EU Law Analysis: Jonathan Sumption’s view of human rights makes no sense in relation to the history of gay rights Jonathan Sumption’s view of human rights makes no sense in relation to the history of gay rights Jonathan Sumption, in his Reith Lecture “Human Rights and Wrongs”, attempts to persuade us that the European Court of Human Rights has usurped the power of democratically elected governments by way of an ever expanding interpretation and application of the European Convention on Human Rights. Sumption claims that the Court is continually adding…

EU Law Analysis: The Umpteenth Reinforcement of FRONTEX’s Operational Tasks: Third Time Lucky?

EU Law Analysis: The Umpteenth Reinforcement of FRONTEX’s Operational Tasks: Third Time Lucky? The Umpteenth Reinforcement of FRONTEX’s Operational Tasks: Third Time Lucky? Dr. David Fernandez-Rojo, University of Deusto On 6 October 2016, the European Border and Coast Guard (EBCG), the successor of FRONTEX, was officially established. Less than two years after the adoption of Regulation (EU) No. 2016/1624, the president of the European Commission announced in his speech on the 2018 State of the Union made on 12 September, the Commission’s intention to, once more, reinforce FRONTEX. On the…

‘Can a man serve two masters’? The Court of Justice decides whether monks can be banned from being lawyers

Rebecca Zahn, Senior Lecturer in Law, University of Strathclyde Lawyers occupy a unique position in the European Union. Within their Member States, they play a vital role in providing access to and administering justice, and upholding the rule of law. As with other professionals such as doctors or architects, access to the profession is tightly regulated by national bodies. Yet unlike other professionals, lawyers are inherently immobile. The knowledge required to be a lawyer is closely linked to the jurisdiction within which an individual trains and qualifies. An understanding of…

Is a microstate about to provide EU rule of law with its Van Gend moment?

In fifteen years of EU membership, Maltese courts have been remarkably reluctant to refer questions of interpretation to the CJEU.  This could be about to change in litigation which could have far-reaching consequences for the direct effect of member states’ rule of law and human rights obligations.  The dispute raises important, novel questions concerning the extent to which EU law of a classical constitutional nature could be democratised in much the same manner as the law of the internal market was democratised through Van Gend. In the case of Pace…

the EU (Withdrawal Agreement) Implementation Bill (‘WAB’)

Professor Tamara Hervey, University of Sheffield, and Professor Steve Peers, University of Essex People who voted for a ‘coalition of chaos’ with Ed Miliband in 2015 sometimes imagine the goings-on in the ‘Miliverse’ – a parallel universe where Ed Miliband won the general election that year, and where the main debates in British politics are about bin collections and bus routes, rather than Brexit. With yesterday’s resignation of the Prime Minister, we can imagine the ‘Mayverse’ – a universe where Mrs May either held off calling an election, or held…

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…