Category: references to European Court

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

Posted December 11th, 2018 in arbitration, brexit, dispute resolution, EC law, jurisdiction, news, references to European Court by sally

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

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4 New Square, 22nd November 2018

Source: www.4newsquare.com

Brexit: UK can unilaterally revoke article 50, says ECJ – The Guardian

Posted December 10th, 2018 in brexit, EC law, news, notification, references to European Court, referendums, Scotland, treaties by sally

‘The UK can unilaterally stop the Brexit process, the European court of justice has said in a ruling that will boost demands for a second EU referendum.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Article 50: Law officer says UK can cancel Brexit – BBC News

Posted December 4th, 2018 in brexit, EC law, news, references to European Court, treaties by tracey

‘The UK should be able to unilaterally cancel its withdrawal from the EU, according to a top European law officer. The non-binding opinion was delivered by the European Court of Justice’s advocate general.’

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BBC News, 4th December 2018

Source: www.bbc.co.uk

Brexit: court rejects attempt to derail legal action to revoke article 50 – The Guardian

Posted November 20th, 2018 in brexit, news, references to European Court, Supreme Court, treaties by sally

‘The supreme court has dismissed an attempt by the Brexit secretary to derail a European court hearing into whether article 50 – which triggered the UK’s departure from the EU – could be reversed.’

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The Guardian, 20th November 2018

Source: www.theguardian.com

The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – Blackstone Chambers

Posted August 9th, 2018 in EC law, news, references to European Court, repeals, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. It will become familiar in just the same way as did the European Communities Act 1972 (“ECA 1972”) before it (which the Act will repeal). This article seeks briefly to summarise the purpose and architecture of the Act; to identify some key themes of change; and to outline ten key implications for UK law and lawyers. It then concludes with a brief observation about transitional arrangements and thereafter.’

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Blackstone Chambers, 19th July 2018

Source: www.blackstonechambers.com

Copyright: Primary Infringement – Communicating a Work to the Public – NIPC Law

Posted July 31st, 2017 in copyright, EC law, legislation, news, references to European Court, statutory interpretation, treaties by sally

‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’

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NIPC Law, 28th July 2017

Source: nipclaw.blogspot.co.uk

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

Short Cuts – London Review of Books

Posted May 12th, 2017 in agreements, brexit, criminal justice, data protection, EC law, international law, news, privacy, references to European Court, terrorism prevention & investigation measures, warrants by sally

‘After Brexit, the public face of criminal justice will look much the same as it does now. The UK has resisted many of the European Union’s moves towards harmonisation of substantive criminal law and procedure, and it is unlikely to use its new-found freedom from the restraints of EU law to decriminalise things like child pornography, cybercrime and people trafficking. The EU’s greatest impact on criminal justice has been through the multiple agreements and instruments that facilitate the detection, investigation and prosecution of such crimes as terrorism, people trafficking, child pornography, drug-smuggling, cybercrime and fraud across the EU. The best known of these is the European Arrest Warrant (EAW), implemented in 2004.’

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London Review of Books, 18th May 2017

Source: www.lrb.co.uk

EU’s highest court delivers blow to UK snooper’s charter – The Guardian

Posted December 21st, 2016 in appeals, electronic mail, human rights, intelligence services, interception, investigatory powers, news, privacy, references to European Court, telecommunications, terrorism prevention & investigation measures by tracey

‘“General and indiscriminate retention” of emails and electronic communications by governments is illegal, the EU’s highest court has ruled, in a judgment that could trigger challenges against the UK’s new Investigatory Powers Act – the so-called snooper’s charter.’

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The Guardian, 21st December 2016

Source: www.guardian.co.uk

Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer – UK Constitutional Law Association

Posted November 10th, 2016 in constitutional law, EC law, news, parliament, references to European Court, Supreme Court, treaties by sally

‘I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article 50 procedure which catalyzed the current debate on whether the Article 50 litigation needs a reference to the Court of Justice, as has been rumoured, but on the face of last week’s judgment it seems that the parties at least were in agreement on the point after all: it is not (they say) reversible: R (Miller) v Secretary of State for Exiting the EU, para 10 (hereinafter “Miller”). However, I believe that there is a far simpler, and so far as I can see compulsory, route from the Supreme Court to Luxembourg in this matter, assuming that the Crown does indeed appeal today’s ruling to that court, and that is that (a) the case turns on the interpretation of the phrase “in accordance with its own constitutional requirements” from Article 50(1) of the Treaty on European Union (“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”), and (b) interpretation of the Treaty, or indeed any EU Law, is the exclusive competence of the Court of Justice of the EU (“CJEU”).’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

EU court to hear case of transgender woman refused female pension – The Guardian

Posted August 11th, 2016 in EC law, news, pensions, references to European Court, transgender persons by tracey

‘The case of a 68-year-old transgender woman who was refused the female state pension at the age of 60 because she chose to stay married has been referred by the supreme court to judges in Europe “for their guidance”.’

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The Guardian, 10th August 2016

Source: www.guardian.co.uk

Court of Appeal hears government surveillance law case – BBC News

Posted October 23rd, 2015 in appeals, intelligence services, interception, investigatory powers, news, references to European Court by michael

‘Judges have begun hearing a government appeal against a ruling that its surveillance legislation is unlawful.’

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BBC News, 22nd October 2015

Source: www.bbc.co.uk

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) – Supreme Court

Posted April 30th, 2015 in appeals, EC law, law reports, licensed premises, local government, references to European Court, Supreme Court by sally

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) [2015] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

EU ruling goes against ministers on pregnant benefit claimant – The Guardian

Posted June 20th, 2014 in benefits, domicile, EC law, news, pregnancy, references to European Court by tracey

‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’

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The Guardian, 19th June 2014

Source: www.guardian.co.uk

UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert – OUT-LAW.com

Posted May 3rd, 2013 in EC law, fines, news, pollution, references to European Court, Supreme Court by tracey

“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”

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OUT-LAW.com, 3rd May 2013

Source: www.out-law.com

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

Posted May 2nd, 2013 in EC law, environmental protection, law reports, pollution, references to European Court, Supreme Court by sally

R (on the application of ClientEarth) (Appellant) v. The Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2013] UKSC 25 | UKSC 2012/0179 (YouTube)

Supreme Court, 1st May 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court refers air pollution case to the EU Court – UK Human Rights Blog

Posted May 2nd, 2013 in EC law, environmental protection, news, pollution, references to European Court, Supreme Court by sally

“The Supreme Court has taken the UK’s lack of compliance with EU legislation, Directive 2008/50 (limiting the amount of nitrogen dioxide in air) much more seriously than the courts below. It has made a declaration that the UK is in breach and has referred questions of interpretation concerning the Directive and remedies to the CJEU.”

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UK Human Rights Blog, 1st May 2013

Source: www.ukhumanrightsblog.com

Regina (Horvath) v. Secretary of State for the Environment, Food and Rural Affairs – Times Law Reports

Posted July 30th, 2007 in common agricultural policy, judicial review, law reports, references to European Court by sally

Disparity reference to ECJ

Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs

Court of Appeal

“The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference.”

The Times, 30th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.