EC law – Page 88 – Current Awareness

Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) – WLR Daily

Posted October 10th, 2011 in domestic violence, EC law, evidence, injunctions, law reports by sally

Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) (Joined Cases C-483/09 and C-1/10); [2011] WLR (D) 285

“Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L82, p 1) did not prevent member states from making provision in their criminal law for the mandatory imposition of an injunction to stay away for a minimum period on persons who committed crimes of violence within the family. This was so even when the victims of those crimes opposed the application of such a penalty. Member states could also exclude recourse to mediation in all criminal proceedings relating to a particular category of offences committed within the family.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily

Posted October 10th, 2011 in EC law, law reports, remuneration, transfer of undertakings by sally

Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (Case C-108/10); [2011] WLR (D) 284

“The takeover, within the same member state, by one public authority of staff employed by another public authority entrusted with the supply to schools of auxiliary maintenance and administrative assistance constituted a transfer of an undertaking within the meaning of article 1(1) of Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ 1977 L 61, p 26). Where such a transfer led to the immediate application to the transferred workers of the collective agreement in force with the transferee, and where the conditions for remuneration were linked in particular to length of service, article 3 of the Directive precluded the transferred workers from suffering, in comparison with their situation immediately before the transfer, a substantial loss of salary by reason of the fact that their length of service with the transferor (equivalent to that completed by workers in the service of the transferee) was not taken into account when determining their starting salary position with the latter.”

WLR Daily, 6th September 2011

Source: www.iclr.co.uk

Giving the victim a voice – Halsbury’s Law Exchange

Posted October 6th, 2011 in EC law, news, sentencing, victims by sally

“Victims of crime in England and Wales have no say when it comes to the sentencing of offenders, as the rule of law demands that victims do not dictate justice. Whilst this does not preclude the views of the victim from being taken into consideration, insofar as the consequences of the crime upon the victim can be highlighted, victims do not and should not have a decisive voice.”