Tag: ECHR

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 …

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 …

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 …

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

Dimitrios Kagiaros 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 …

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 …

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 Human Rights Act and Britain’s European Futures

Tobias Lock In this extended article, Tobias Lock explores the implications of potential human rights reform in Britain. He writes that a repeal of the Human Rights Act would not necessarily require the UK to leave the European Convention on Human Rights. Should Britain leave, however, he argues that its future in both the Council …

Britain and the Two Europes

Tobias Lock The Conservatives’ election victory paves the way for the UK government to pursue both EU reform and human rights reform, writes Tobias Lock. Each issue, he suggests, will have an impact on the continent, and the debate on ‘sovereignty’ may prove decisive in how Britain defines it relationship with the rest of Europe. …