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Author: EU Law Analysis Blog

(Re)constructing the employment law hierarchy of norms: The Charter will not, should not and need not apply?

Niall O’Connor, Lecturer in Law, University of Essex The Charter and Brexit During the Brexit referendum campaign, it was Boris Johnson who led the way in deriding the Charter’s influence over British law. In the Telegraph article in which he first threw his support behind Brexit, Johnson wrote‘[u]nder the 55-clause “Charter of Fundamental Human Rights”, including such peculiar entitlements as the right to found a school, or the right to “pursue a freely chosen occupation” anywhere in the EU, or the right to start a business (…) These are not fundamental rights as we normally understand them, and the...

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The Security of the Status of Long-Term Non-EU Residents in the EU: Some Thoughts on Case C-636/16 López Pastuzano

Dr Diego Acosta, Reader in European and Migration Law at the University of Bristol; author of The Long-Term Residence Directive as Subsidiary Form of EU Citizenship.An Analysis of Directive 2003/109 (Brill, 2011). When can Member States expel a third-country national (TCN) holding a long-term residence (LTR) permit and having committed a criminal offence? The ECJ engaged with this important issue in its López Pastuzano ruling on 7 December 2017. It must be recalled at the outset that, according Eurostat data, there are more than 7 million LTRs residing in the EU, with that number set to rise after Brexit....

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The Beginning of the End? Citizens’ rights in the Brexit ‘Sufficient Progress’ deal

Professor Steve Peers Yesterday’s ‘joint report’ on the progress in the Brexit negotiations (accompanied by a Commission paper and a joint technical note on EU27 and UK citizens’ rights) amounts to an informal deal to proceed to the second phase of Brexit talks. That second phase will focus on a transition period (discussed here; and see the draft EU negotiation guidelines here) and the framework for the post-Brexit relationship between the UK and the EU. But for now the joint report is the main issue. It’s a political document, not a legal one, but it’s practically very relevant to...

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Criminal law, human rights and constitutional pluralism: two views on Taricco II

Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no man alive knows what it means. The parties to it understand it least, but it has been observed that no two Chancery lawyers can talk about it for five minutes without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce without knowing...

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The European Citizens’ Initiative & Greek debt: An unlikely combination

Anastasia Karatzia, Lecturer in Law, University of Essex Introduction It is not every day that we see CJEU judgments on the European and Monetary Union (EMU). A simple search on Curia with the words ‘Economic and Monetary Policy’ results in relatively few cases including a couple of seminal judgments published in the past five years, such as Pringleand Gauweiler(discussed here), which relate to measures taken for the management of the Eurozone crisis. One of the results of this search is the case of Anagnostakisv Commission, which challenges the refusal of the Commission to register Mr. Anagnostakis’ proposed European Citizens’...

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The European Fiscal Board’s first report and the future of the EU’s fiscal framework

Paul Dermine (PhD candidate in EU institutional law, Maastricht University) and Diane Fromage (Assistant Professor of European Law, Faculty of Law, Maastricht University) EU Fiscal Governance in the post-crisis era: The start of the reflection period and the European Fiscal Board’s first report Recent events suggest that the Eurozone may soon be entering a new phase of its short but already tumultuous life. As the dust of the sovereign debt crisis starts settling, and the continent slowly returns to growth, winds of change are blowing across the zone, and EMU reform is back on the agenda and hence ardently...

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Tell me what you see and I’ll tell you if you’re gay: Analysing the Advocate General’s Opinion in Case C-473/16, F v Bevándorlási és Állampolgársági Hivatal

By Nuno Ferreira (Professor of Law, University of Sussex) and Denise Venturi(PhD student, Scuola Sant Anna, Pisa)* Hungary in the spotlight again Hungary has been in the spotlight for all the wrong reasons for quite a while. From legislation targeting ‘foreign-operating universities’ to border walls to keep refugees from entering Hungarian territory, the populist right-wing government of Viktor Orban has been sparking outrage in many sectors of Hungarian society, and the European institutions. The most recent reason for alarm again relates to migration and refugees, an area of widespread criticism of Hungarian authorities. Building on extremely hostile policies towards refugees that have been admonished by both the Court of...

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Minimum Alcohol Pricing is Appropriate & Necessary: Scotch Whisky Association v Lord Advocate [2017] UKSC 76

Angus MacCulloch, Law School, Lancaster University (@AngusMacCulloch) Lord Mance has handed down the long awaited judgment in SWA v Lord Advocate in the UK Supreme Court finally dismissing the SWA’s appeal, and permitting the Scottish Government to implement its Minimum Unit Pricing (MUP) policy in relation to retail alcohol sales. The scheme to introduce a MUP of £0.50 per unit, under the Alcohol (Minimum Pricing)(Scotland) Act 2012, has been delayed for 5 years by this legal challenge which characterised the scheme as being contrary to EU law; in that it was contrary to both Article 34 TFEU, as it was a measure having equivalent effect to a quantitative restriction on trade, and that it was contrary to the bar on price fixing under the Single CMO Regulation EU/1308/2013 covering wine.   This is the fourth, and final, substantive judgment in this litigation. At first instance the Outer House of the Court of Session found MUP to be lawful, [2013] CSOH 70, and after receiving a response to a preliminary ruling from the Court of Justice of the EU, Case C-333/14 EU:C:2015:845, the Inner House, [2016] CSIH 77, also upheld the lawfulness of MUP. The SWA’s appeal was perhaps inevitable, but after a hearing in July 2017, the final judgment has largely confirmed the findings of both Scottish courts that the policy could be justified on the basis of the...

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