Adrian Coman v. Romania: A Small Victory with Wasted Potential
On 5 June 2018, the CJEU released its much-anticipated judgment on Adrian Coman and Others v. Romania. This followed from Advocate General Wathelet’s Opinion on 11 January 2018. In the...
The EU Withdrawal Bill in the Commons: Parliament surrendering control?
Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its...
Challenges of the EU’s Non-Accession to the ECHR – The Case of the EU Rule of Law Mission in Kosovo
In spite of its obligation under Art 6(2) of the Lisbon Treaty to accede to the ECHR, the EU has yet to do so. There are significant challenges in ensuring...
The EU (Notification of Withdrawal) Bill: Bargaining Chips on the Commons Table
On 8th February, the EU (Notification of Withdrawal) Bill passed Third Reading in the House of Commons, by 494 votes to 122. MPs rejected all amendments to the 133-word Bill....
Social Rights in the New Economic Architecture of the European Union
What started in the United States as the subprime mortgage crisis in 2008 led the European Union to fundamentally rethink its socio-economic governance tools, calling into question the balance between...
Brexit: Foundational Constitutional and Interpretive Principles: II
This should be read with the previous posting. They are both designed to reveal underlying issues of constitutional and interpretive principle that pertain to Brexit. The previous post considered constitutional...
Brexit: Foundational Constitutional and Interpretive Principles: I
The post-referendum discourse has been marked by vibrant political and legal exchange in Parliament and the courts. This is not the place for detailed engagement with all such arguments, nor...
EUNAVFOR Med: A Military Operation on Shifty Waters
EUNAVFOR Med (referred to in this post as the “Operation”) was commissioned by the European Council on 18th May, 2015 to address the immediate concern of migrant deaths occasioned by...
Did Brexit Save the HRA 1998?
Perhaps it is time to begin looking for silver linings, as opposed to fantastic judicial interventions. On this blog in March I wrote that a remain vote in the referendum...
The Referendum on the European Union: Remaining Human
The referendum on the UK’s membership of the EU is a decision that will be taken in a troubling context. Although occasionally clothed in the inclusive language of globalism, ‘leave’...
Brexit, Sovereignty and Reality
The referendum campaign has been marked by claims and counter-claims, with each side contesting the ‘facts’ advanced by the other. Voters will form their own views on the respective ‘guilt’...
Solidarity Not Separation: The Case for Continued Interaction Between UK and EU employment rights – an attempt to sum up
I have consciously and deliberately picked up on and generalized the title of Professor Fredman’s initial contribution to this series because that title cannot in my view be bettered as...
