Category: Human Rights

European Arrest Warrant and Catalan Politicians: Legal Dilemmas for the Judges

Leandro Mancano The European Arrest Warrant (EAW) issued last autumn for Carles Puigdemont, president in exile of the Catalan Government, attracted exceptional media attention. The noise seemed bound to fade after the Spanish authorities later withdrew the EAW. However, the debate was recently reignited as Puigdemont and other former Catalan ministers were delivered new EAWs. …

The ECtHR Decision in ND and NT: New Human Rights Limits for Frontex?

Valentina Rioseco Vallejos On 3 October 2017, the European Court of Human Rights (ECtHR) handed down its judgement in ND and NT v Spain. It held that the immediate refoulement of two persons from sub-Saharan Africa, carried out by the Spanish Guardia Civil at the Melilla border in August 2014, had violated Article 4 of …

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 …

European 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?

Tobias Lock 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 …

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

Rebecca Zahn 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 …

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

Tobias Lock 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 …