Tag: European Union Charter of Fundamental Rights
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Stephanie Reynolds: Playing Politics So the UKSC Doesn’t Have To: The CJEU Ruling in Case C-709/20 CG v Department for Communities in Northern Ireland
In its recent CG judgment, the EU’s Court of Justice held that it was lawful for Universal Credit Regulations to stipulate that EU citizens do not, by virtue of pre-settled status, have a ‘right to reside’ in the UK for the purposes of accessing Universal Credit. Since the right to reside test is an eligibility…
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Dimitrios Kyriazis: Does EU law preclude national constitutional provisions under which the executive plays a role in the appointment of members of the judiciary?
‘The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.’ Madison’s famous proclamation in the Federalist Papers (No 47) forms the theoretical basis underpinning the doctrine of the separation of…
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Alison Young: Benkharbouche and the Future of Disapplication
Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused…
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Katie Boyle and Leanne Cochrane: Rights Derived from EU law: Informing the Referendum Process
This week the UK Government is under a duty to publish information about rights and obligations that arise under European Union (EU) law as a result of the UK’s EU membership (see section 7, European Referendum Act 2015). EU law applies domestically under the European Communities Act 1972, section 2 of which provides that all…
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Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise
In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading…
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Joshua Folkard: Horizontal Direct Effect of the EU Charter of Fundamental Rights in the English Courts
The Court of Appeal has recently pronounced (twice) that some provisions of the Charter of Fundamental Rights of the European Union have horizontal direct effect. These decisions provide some guidance as to the legal and constitutional status of the Charter (at least from an English perspective). The Court of Appeal in both cases held that…
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Paul Bernal: Privacy, Surveillance and Brexit….
An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly…
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Armin von Bogdandy, Matthias Kottmann, Carlino Antpöhler, Johanna Dickschen, Simon Hentrei and Maja Smrkolj: A Rescue Package for EU Fundamental Rights – Illustrated with Reference to the Example of Media Freedom
Fundamental rights protection, once a side show, has become important for the EU, as proved by the newfound treaty recognition of the EU fundamental rights charter (CFREU), and the upcoming accession to the European Convention on Human Rights (ECHR). At the same time the fundamental rights situation in a considerable number of Member States is…
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Dorota Leczykiewicz: The EU Charter of Fundamental Rights and its effects
The binding nature of the Charter The life of the EU Charter of Fundamental Rights began in December 2000 at the Nice European Council Summit, when the Charter was politically approved after having been solemnly proclaimed by the European Commission, the Parliament and the Council. For nine years the Charter lived only as a declaration.…