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Supreme Court to determine first CJEU reference post Brexit referendum

Supreme Court to determine first CJEU reference post Brexit referendum
Robin Allen QC and Rachel Crasnow QC are in the Supreme Court today [Thursday 7 July] representing Dermod O’Brien QC, the part-time judge whom they have acted for since 2008 and for whom they obtained, for the very first time, a judicial pension although he was always only part-time.  [See O’Brien v MOJ [2013] ICR 499] A point has arisen conce...
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The EU Charter of Fundamental Rights Back in the Spotlight

The EU Charter of Fundamental Rights Back in the Spotlight
The EU Charter of Fundamental Rights Back in the Spotlight By Schona Jolly The EU Charter of Fundamental Rights, yet again, finds itself amidst controversy in Britain as it gets tossed into the domestic Leave/Remain referendum debate. Does it impinge upon national sovereignty? Did Britain really sign up to this extension of rights? Does the Charter...
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EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions

EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions
Anna Beale looks at recent guidance from the CJEU in the context of age discriminatory provisions of Danish domestic law in Rasmussen . A constant theme in EU law is the extent to which EU provisions can be relied upon by domestic courts to interpret or disapply domestic law.  The case of Dansk Industri v Estate of Karsten Eigil Rasmussen ( C-...
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Brexit – what will happen to the UK’s environmental policy?

Brexit – what will happen to the UK’s environmental policy?
By Andrew Buchan If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question. It cropped up recently during an interview on the BBC’s Today Programme[1] between, Justin Webb (the interviewer) and Amber Rudd (the Secretary of State for the Environment). The discussion turned t...
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The European Accessibility Act 2015

The European Accessibility Act 2015
The European Accessibility Act 2015 – Robin Allen QC and Dee Masters consider the new positive duty to make reasonable adjustments in relation to services and products for disabled people and certain age groups.  To view their paper please click on the following link European-Accessibility-Act-article.docx

Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015

Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015
Declan O’Dempsey will lead a workshop at the European Equality Law Network Legal Seminar 2015 on 24 November 2015  at the Courtyard Marriott Hotel in Brussels.   He will present a study on the EU concept of disability & reasonable accommodations in the light of the UN Convention on the Rights of persons with disabilities . The se...
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Declan O'Dempsey to speak at ERA Seminar - Applying EU Anti-Discrimination Law.

Declan O'Dempsey to speak at ERA Seminar - Applying EU Anti-Discrimination Law.
Declan O’Dempsey is to speak at the Ecole Nationale de la Magistrature, Paris, at a conference on Applying EU Anti-Discrimination Law – a Seminar for members of the Judiciary on 19-21 October 2015, organised by ERA on behalf of the EU Commission with the support of the French National School for the Judiciary.  Declan will deliver a talk to a ...
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Jurisdiction battles: Employment rules win

Jurisdiction battles: Employment rules win
Jacques Algazy QC , an expert at Cloisters on international and territorial jurisdiction and conflicts of laws, comments on the recent judgment of the European Court of Justice below.   In Ho lterman Ferho Exploitatie BV and others v Spies von Bullesheim C-47/14 , the CJEU definitively ruled in favour of the jurisdiction provisions applicable ...
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Greek Judge strikes a blow for parental leave equality

Greek Judge strikes a blow for parental leave equality
Case C-222/14 Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton – 16 July 2015 ; blog by  Jacques Algazy QC and Rachel Crasnow QC The Claimant, a male Greek Judge holding the status of a Civil servant, challenged the Greek legislation that provides that a male civil servant is not entitled to paid parenta...
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When do collective redundancy consultations rules apply to a chain of shops?

When do collective redundancy consultations rules apply to a chain of shops?
  USDAW v Woolworths C-80/14 By Declan O'Dempsey Today the CEJU handed down its judgment on C‑80/14 Union of Shop, Distributive and Allied Workers (USDAW) , B. Wilson v WW Realisation 1 Ltd, in liquidation , Ethel Austin Ltd , Secretary of State for Business, Innovation and Skill s.  Since the Advocate General’s Opinion in [5/2/15] the ex...
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Drafting a good reference to the Court of Justice

Drafting a good reference to the Court of Justice
Declan O’Dempsey reports back from the ERA Seminar for the judiciary held in Prague on 22-24 April, on the Court of Justice of the EU’s current views on how to draft a good request for a reference for a preliminary ruling.  There are many lessons practitioners can draw on how to ask for a request to be made by the Court or Tribunal. See here f...
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