Category: EC law

Morally questionable trade marks: why the US and Europe see things differently – Technology Law Update

Posted June 28th, 2017 in EC law, news, trade marks by sally

‘In a landmark ruling last week, the US Supreme Court held that the rule against disparaging trademarks in the Lanham Act is unconstitutional under the First Amendment right to free speech. The case concerned an application by a rock band to register “THE SLANTS” (widely used as a slang, derogatory term for people of Asian descent) as a US Federal trademark. The band, themselves Asian American, were making a point, reclaiming a word that had been used against them as an insult. They certainly gained themselves some publicity along the way.’

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Technology Law Update, 27th June 2017

Source: www.technology-law-blog.co.uk

Speech by the Lord Chief Justice: Law Reform Now in 21st Century Britain – Brexit and Beyond – Courts and Tribunals Judicairy

Posted June 27th, 2017 in brexit, EC law, judiciary, Law Commission, legislation, speeches, treaties by tracey

‘I have taken as the first part of the title of this lecture words with which Lord Scarman would have been very familiar: Law Reform Now – the three words which formed the title of the Gerald Gardiner and Andrew Martin book which contained their blueprint for what would become the Law Commission. As Sir Geoffrey Palmer QC, in the course of tracing the origins and huge success of the Law Commission in his 2015 Scarman Lecture, recalled, it started with a proposition; one they took to be axiomatic: “. . . that much of our English law is out of date, and some of it shockingly so.” They were not wrong.’

Full speech

Source: www.judiciary.gov.uk

How do citizens’ rights affect Brexit negotiations? – The Guardian

Posted June 26th, 2017 in brexit, citizenship, EC law, freedom of movement, immigration, international courts, international law, news, treaties by sally

‘Protections for 1.2m Britons on continent and 3.5m Europeans in UK should be easy to settle in theory, but there are obstacles.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Passed on Thursday, in force today – new AML regulations thrust on profession – Legal Futures

Posted June 26th, 2017 in EC law, law firms, money laundering, news, regulations, Solicitors Regulation Authority by sally

‘Law firm compliance officers and money laundering reporting officers have been scrambling to get to grips with the biggest shake-up in anti-money laundering (AML) rules in a decade, with the final regulations – which were only published on Thursday – coming into force today.’

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Legal Futures, 26th June 2017

Source: www.legalfutures.co.uk

No bans on local authority disinvestment decisions – UK Human Rights Blog

Posted June 26th, 2017 in EC law, local government, ministers' powers and duties, news, pensions, regulations, sanctions, statutory interpretation by sally

‘Many people like to have a say over the investment policies of their pension funds. They may not want investment in fossil fuels, companies with questionable working practices, arms manufacturers, Israel or indeed any company which supports Israel’s occupation of the West Bank and Gaza Strip – to choose but a few of people’s current choices. And pension funds, left to their own devices, may wish to adopt one or more of these choices to reflect their pensioners’ views.’

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UK Human Rights Blog, 25th June 2017

Source: ukhumanrightsblog.com

EU seeks to outlaw ‘backdoors’ in new data privacy proposals – The Guardian

Posted June 20th, 2017 in data protection, EC law, encryption, news, privacy, reports by sally

‘The European Union is considering banning the implementation of so-called “backdoors” that allow the reading of encrypted messaging, a move that would place it in conflict with the UK government’s desire to have access to all secure communications.’

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The Guardian, 19th June 2017

Source: www.theguardian.com

Brexit: 2018 Queen’s Speech cancelled by government – BBC News

Posted June 19th, 2017 in bills, brexit, EC law, news, repeals, speeches, treaties by sally

‘There will be no Queen’s Speech next year to give MPs more time to deal with Brexit laws, the government says.’

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BBC News, 18th June 2017

Source: www.bbc.co.uk

Legal challenge against remote gambling tax in the UK falters before EU court – OUT-LAW.com

Posted June 15th, 2017 in corporation tax, EC law, gambling, Gibraltar, news by sally

‘A legal challenge brought against changes to the way remote gambling operations are taxed in the UK has faltered before the EU’s highest court.’

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OUT-LAW.com, 13th June 2017

Source: www.out-law.com

Breverse: Politically Problematic but Legally Possible, by Rosie Slowe – UK Human Rights Blog

Posted June 15th, 2017 in constitutional law, EC law, elections, news, parliament, treaties by sally

‘On 29 March 2017, Theresa May’s Article 50 letter of notice was delivered to Donald Tusk, thereby formally triggering the Treaty-based process for the UK’s withdrawal from the EU. The question remains: is this trajectory irreversible, or can the UK rescind its notification?’

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UK Human Rights Blog, 14th June 2017

Source: ukhumanrightsblog.com

Kenneth Armstrong: Has Article 50 Really Been Triggered? – UK Constitutional Law Association

Posted June 15th, 2017 in constitutional law, EC law, news, parliament, treaties by sally

‘With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been forgiven for thinking that the issues around the legality of the triggering of Article 50 had been settled. As we all now know, the Supreme Court decided that Parliament had to give legislative authority for UK ministers lawfully to notify the UK of its intention to withdraw from the EU. The European Union (Notification of Withdrawal) Act 2017 was enacted and the Prime Minister duly wrote President Tusk her Article 50 letter.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

Free speech and e-media – Counsel

Posted June 9th, 2017 in defamation, EC law, freedom of expression, human rights, internet, media, news, reports by sally

‘Google, Facebook, Twitter and other intermediaries increasingly face a broadly united front of protest. Is it time to regulate? asks Richard Spearman QC.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Rules on the portability of online content finalised – OUT-LAW.com

Posted June 9th, 2017 in EC law, internet, markets, news by sally

‘Online content service providers will be obliged to ensure that consumers in the EU can access the material they subscribe to when they are “temporarily present” in another EU country, under new rules approved by EU law makers.’

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OUT-LAW.com, 9th June 2017

Source: www.out-law.com

EU judges may be asked to rule on legality of UK surveillance powers – The Guardian

Posted June 7th, 2017 in EC law, electronic mail, intelligence services, interception, investigatory powers, news, references to European Court, terrorism prevention & investigation measures, tribunals by sally

‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

Posted June 7th, 2017 in agreements, bills, brexit, consent, constitutional law, devolution, devolution issues, EC law, international relations, legislation, ministers' powers and duties, news, Northern Ireland, political parties, referendums, repeals, treaties by sally

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

All out war: Brexit & the Chartist movement – New Law Journal

Posted June 2nd, 2017 in brexit, constitutional law, EC law, news, referendums, treason by sally

‘Could the way in which Vote Leave used its NHS funding pledge during the EU referendum campaign amount to the offence of treason felony?’

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New Law Journal, 1st June 2017

Source: www.newlawjournal.co.uk

UK wrong to deny residence rights for non-EEA family members of dual nationals – Free Movement

Posted June 1st, 2017 in brexit, citizenship, EC law, families, immigration, news by sally

‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’

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Free Movement, 31st May 2017

Source: www.freemovement.org.uk

BREXIT: UK faces renegotiating 759 treaties with non-EU countries – OUT-LAW.com

Posted June 1st, 2017 in brexit, EC law, news, treaties by sally

‘The UK will have to renegotiate at least 759 trade agreements with 168 non-EU countries after it leaves the European Union, according to research by the Financial Times.’

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OUT-LAW.com, 31st May 2017

Source: www.out-law.com

Firms warned to prepare for tougher EU data protection rules – BBC News

Posted June 1st, 2017 in data protection, EC law, fines, news by sally

‘Companies must prepare for new tougher EU rules on data protection, or face big fines, PwC has warned.’

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BBC News, 1st June 2017

Source: www.bbc.co.uk

UK wrong to deny residency rights in test case, EU’s legal adviser says – The Guardian

Posted May 31st, 2017 in citizenship, EC law, immigration, married persons, news by sally

‘The Home Office was wrong to deny the Algerian husband of a dual British-Spanish citizen the right to live with her in the UK, according to the initial opinion of the European court of justice’s advocate general in a test case.’

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The Guardian, 30th May 2017

Source: www.theguardian.com

Crowdfunded legal challenge over article 50 abandoned – The Guardian

Posted May 31st, 2017 in brexit, EC law, news, referendums, treaties by sally

‘A crowdfunded legal challenge to test whether Brexit can be reversed has been abandoned.’

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The Guardian, 30th May 2017

Source: www.theguardian.com