European Union

The Forgotten Asylum Seekers of Calais and Dunkirk

The Forgotten Asylum Seekers of Calais and Dunkirk

Since the closure of the ‘Jungle’ in October 2016, the asylum seekers and refugees that remain in Calais, Dunkirk and other areas along the Northern French coast in desperate and...
Paying Lip Service to the CJEU: The Unsurprising Decision of the Constitutional Court of Romania in the Coman Case

Paying Lip Service to the CJEU: The Unsurprising Decision of the Constitutional Court of Romania in the Coman Case

On June 5, the Court of Justice of the European Union (‘CJEU’) held in Coman and Others that Member States should grant a right of residence to same–sex spouses of...
The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed

The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed

On Monday in the House of Lords, Lord Pannick withdrew his amendment to the EU Withdrawal Bill retaining the EU Charter as part of the UK’s post-Brexit settlement. With this,...
Adrian Coman v. Romania: A Small Victory with Wasted Potential

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?

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 ā€“ The Case of the EU Rule of Law Mission in Kosovo

Challenges of the EU’s Non-Accession to the ECHR ā€“ 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

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

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

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

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: 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?

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...

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