“Britain will on Monday take steps towards opting out of a series of EU law and order measures in a move designed by the Tories to show that they are living up to their pre-election Eurosceptic pledges.”
The Guardian, 14th October 2012
Source: www.guardian.co.uk
“Patient care is being put at risk by the European Working Time Directive, which ‘disrupts continuity of care and distorts clinical training’, say two Royal Colleges.”
Daily Telegraph, 14th October 2012
Source: www.telegraph.co.uk
Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269
“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”
WLR Daily, 4th October 2012
Source: www.iclr.co.uk
“A member state in receipt of an application for asylum was obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9/EC even where it decided, under Council Regulation (EC) No 343/2003, to call upon another member state, as the member state responsible for examining the application for asylum, to take charge of or take back that applicant. This obligation ceased when that same applicant was actually transferred by the requesting member state, and the financial burden of granting those minimum conditions was to be assumed by that requesting member state, which was subject to that obligation.”
WLR Daily, 27th September 2012
Source: www.iclr.co.uk
“From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations will be required to eliminate unequal treatment on the grounds of age in respect of the provision of goods and services.”
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Cloisters, 11th September 2012
Source: www.cloisters.com
“EU ministers have voted to back new laws that will allow for libraries, museums and universities, among other organisations, to digitise works from their collections that have become ‘orphaned.’ ”
OUT-LAW.com, 5th October 2012
Source: www.out-law.com
“A complaint to the European Commission that the supreme court’s decision in Jivraj v Hashwani breaches European laws against discrimination may have major implications for equality and religious freedom.”
The Guardian, 3rd October 2012
Source: www.guardian.co.uk
“The British Academy have today published a very interesting new report by Colm O’Cinneide considering the workings of the UK human rights law, the relationship between the ECHR, UK courts and the Parliament and the potential effect of a bill of rights.”
UK Human Rights Blog, 27th September 2012
Source: www.ukhumanrightsblog.com
“As Andrew Tickell noted in his post on Wednesday the European Court of Human Rights this week ruled that the UK violated the Article 5(1) ECHR rights of three prisoners sentenced to indeterminate prison sentences for public protection, where reasonable provision for their rehabilitation was not made.”
UK Human Rights Blog, 24th September 2012
Source: www.ukhumanrightsblog.com
“The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become.”
NearlyLegal, 23rd September 2012
Source: www.nearlylegal.co.uk
“It’ll all be over by Christmas: that’s what the coalition promised when it established the Commission on a Bill of Rights to, among other things:
‘… investigate the creation of a UK Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in UK law, and protects and extends our liberties.'”
UK Human Rights Blog, 19th September 2012
Source: www.ukhumanrightsblog.com
“The Government must reform UK copyright law in order to restore the public and business’s ‘respect’ in the ‘integrity’ of the framework, an expert has said.”
OUT-LAW.com, 19th September 2012
Source: www.out-law.com
“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
In re Proceedings against Lopes Da Silva Jorge: (Case C-42/11); [2012] WLR (D) 263
“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”
WLR Daily, 5th September 2012
Source: www.iclr.co.uk
“Businesses now face fines worth up to 30% of their annual turnover in a particular market if they engage in anti-competitive behaviour, following an update to the UK competition regulator’s penalties regime.”
OUT-LAW.com, 12th September 2012
Source: www.out-law.com
“Consumers who buy goods direct from traders abroad can sue the traders in their home country’s courts if certain conditions are met, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 10th September 2012
Source: www.out-law.com
“The cultivation of genetically modified organisms such as the MON 810 maize varieties could not be made subject to a national authorisation procedure when the use and marketing of those varieties were authorised pursuant to article 20 of Parliament and Council Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed and where those varieties had been accepted for inclusion in the common catalogue provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species as amended by Regulation No 1829/2003.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
“New rules to end the secrecy over the safety of devices such as hip replacements and breast implants are being drawn up after a series of scandals.”
Daily Telegraph, 9th September 2012
Source: www.telegraph.co.uk
“Where an insured driver permitted an uninsured driver to use his motor vehicle in which he then was injured as a passenger, the insured as passenger was entitled to receive sums from a judgment against the negligent driver and would not automatically be excluded from the benefit of his compulsory insurance, but any recovery by the insurer in respect of that judgment must be proportionate and determined on the basis of the circumstances of the case.”
WLR daily, 24th August 2012
Source: www.iclr.co.uk
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