Category: Human Rights

The UK’s Approach to EU Citizenship, Criminality and Expulsion

Leandro Mancano LERU Brexit Seminar Over recent years, foreign nationals in the United Kingdom subject to criminal investigations – let alone convictions – have increasingly experienced an (un)happy ending to their residence in Britain. The aftermath of the 2005 London terrorist attacks resulted in a toughening up of relevant rules concerning the protection of foreigners …

EU-UK Civil Judicial Cooperation and Private International Law after Brexit

Michiel Poesen LERU Brexit Seminar European harmonisation has been successful in fewer areas than private international law (PIL). Since the 1968 Brussels Convention, an impressive number of European PIL instruments have been adopted. The UK government’s recent position paper gives an overview of the current EU PIL instruments in which the UK participates. This article …

Brexit and the Impact on Rights in the EU

Tobias Lock LERU Brexit Seminar What consequences will Brexit have for rights in the European Union? While there has been some discussion on the consequences of Brexit for rights protection in the UK, the potential impact of the UK’s withdrawal for rights protection in the rest of the EU has hardly been touched upon. One …

What Future for the Charter of Fundamental Rights in the UK?

Despite the EU Withdrawal Bill’s premise to incorporate EU law into UK law, the exclusion of the Charter of Fundamental Rights but the inclusion of general rights principles in EU law has created confusion, writes Tobias Lock. He argues that the current approach of the bill will result in legal uncertainty over which EU fundamental …

The ‘Headscarf Rulings’: Did the Court of Justice Really Ban Headscarves in the Workplace?

The recent EU court rulings on wearing headscarves in the workplace demonstrate the conflict between enabling EU economic freedoms on the other hand and protecting the rights of workers on the other, writes Rebecca Zahn. She argues that, while the judgements are nuanced in their determination of acceptable work requirements, the weight given to the …

The High Court’s Judgement in Miller and Others – Four Brief Remarks

Following the High Court’s ruling on whether the UK Parliament should be involved in the activation of the Article 50 process to leave the EU, Tobias Lock analyses the judgement. He observes that the UK government will find it difficult to construct an effective case on appeal, and that, should legislation indeed be required, essential …

Drawing the Battle Lines: The Ongoing Standoff Between the UK Government and the ECHR

The UK government’s proposed derogation from the European Convention on Human Rights is based on inconsistent reasoning and would mark a departure from the justifications usually offered, writes Dimitrios Kagiaros. He argues that, rather than insulate UK soldiers from court challenges, the derogation could in fact weaken their human rights protections, and that it could …

Bosnia’s EU Candidacy Cannot be Sustained by Minimal Internal Compromises

Bosnia’s formal application for EU membership, received today, is predicated on a new and untested framework for the country’s political entities to cooperate with each other, writes Andy Aitchison. Drawing on the EU’s attempts to reform the police several years ago, he argues that, if leaders continue striking political agreements that meet just the minimum …