Category: Law and Justice

The High Court of Northern Ireland: Northern Irish Abortion Law Incompatible with the European Convention on Human Rights

Jane Rooney In-Depth Analysis In this extended article, Jane Rooney analyses the recent Northern Ireland High Court decision that current abortion law is not compatible with the European Convention on Human Rights. She suggests that the judgement could have gone further in testing the compatibility of the legislation with the ECHR, and that possible appeals …

Reaction: The UK’s EU Renegotiation Demands

Laura Cram · Owen Kelly · Niamh Nic Shuibhne · Eleanor Spaventa · Tobias Lock · Michael Keating Expert Reaction Today, UK Prime Minister David Cameron sent a letter to the President of the European Council outlining his agenda for renegotiating the UK’s membership of the European Union, ahead of a referendum on the issue. …

Scotland’s Alcohol Minimum Pricing: First Encounter with EU Law

Arianna Andreangeli In-Depth Analysis In this special extended article, Arianna Andreangeli analyses the opinion of the Advocate General in the preliminary reference case on the compatibility of Scotland’s minimum pricing with EU internal market rules. The central question, she writes, is whether the measures meet a public policy objective in an appropriate and proportional way …

Prisoner Voting and the UK’s Imprisoned European Policy

Piet Eeckhout Following this month’s EU court ruling on voting rights for prisoners, Piet Eeckhout situates the judgement in context and assesses its consequences for the UK. In so doing, he explores the relationship between EU law and the European Convention on Human Rights, suggesting that, even when states attempt to avoid difficult ECHR rulings, …

The European Legal Order: Beyond Inter-State Retaliation

William Phelan The power and position of the European Court of Justice today is often attributed to its landmark rulings establishing the primacy and direct effect of EU law, writes William Phelan. He argues, however, that its ban on inter-state retaliation between Member States was equally important, empowering national courts to enforce EU law and …

Changes to the UK’s EU Membership Might Require the Consent of the Scottish Parliament

Cormac Mac Amhlaigh In-Depth Analysis In this extended article, Cormac Mac Amhlaigh considers the implications of the UK’s EU renegotiation and referendum for Scotland’s devolution settlement. He suggests that, since changes to EU membership could significantly impact the powers of the devolved institutions, a case could be made that consent for the renegotiation and the referendum …

The Legal Implications of EU Withdrawal for the UK and Scotland

Tobias Lock In-Depth Analysis In this extended article, Tobias Lock examines the process for a Member State to leave the EU and the effects of withdrawal, in the context of the upcoming EU referendum. He suggests that, should the UK leave the EU, some form of EU-UK agreement will likely be reached, although the shape of …

VAT and Small Business: To the Heart of European Tax Policy?

Luca Cerioni In-Depth Analysis In this extended article, Luca Cerioni situates the debate on VAT in digital services and small business in the wider context of developments in EU tax policy. He argues that the EU’s approach of harmonising rules in some areas of tax and allowing competition in others weakens the single market and …