Violating data protection law under the guise of protecting it

Matthew White, PhD candidate Sheffield Hallam University. Introduction There have been numerous reports of Windrush Generation Commonwealth citizens being denied health care, detained, losing jobs and threats of deportation. Nick Nason describes the Windrush Generation as Commonwealth citizens from the West Indies who were invited to the UK after WWII to address the shortage of workers at the time. There was a time when West Indians enjoyed total freedom of movement. Nason notes that s.2(2)(b) of the Commonwealth Immigrants Act 1962 exempted from immigration controls those who arrived with their…

Salvation outside the church? The ECJ rules on religious discrimination in employment

Background The Court of Justice has issued its first major ruling on the reconciliation of the autonomy rights of religious organisations with the right of employees (or potential employees) of such organisations to be free of discrimination. In 2012 Vera Egenberger applied for a fixed term post advertised by the Evangelisches Werk für Diakonie und Entwicklung, which is a body associated with the Evangelische Kirche in Deutschland (a German Protestant church). The post advertised sought a person who could prepare a report on Germany’s compliance with the United Nations International Convention…

Childhood’s End? The Court of Justice upholds unaccompanied child refugees’ right to family reunion

Professor Steve Peers, University of Essex Turning 18 is a big moment in any young person’s life. Although it rarely entails, by itself, an immediate change in their social and economic links with their parents, it is widely recognised as a significant rite of legal passage, marking as it does the official date of becoming an adult. But what if the main legal impact of turning 18 is not the enhancement of a young person’s legal rights, but rather their deterioration? That is often the scenario in immigration or asylum…

Extradition to non-EU countries – further developments in EU case law

Professor Steve Peers, University of Essex* Today’s ECJ judgment in Pisciotti on the extradition of citizens of a different Member State to a non-EU country (in this case, the USA) adds to its case law in this area – and has some interesting implications for Brexit. The new ruling builds on the September 2016 Petruhhin judgment on extradition of the citizens of another Member State to Russia, which I discussed in detail here. The case concerns an Italian citizen extradited to the USA after being arrested while in transit in…

A Personal Reflection on the Good Friday Agreement

Sarah Kay, human rights lawyer In the spring of 1998, I was a sulky, resentful young teenager. I had grown up in a tiny one-story house with my grandmother and my incoming, outgoing band of cousins. My grandfather, active in the Republican movement, had passed a few years before. I was very fortunate to be able to travel to the continent during the summer, where my parents had custody of me. It was a door to the outside world very few in West Belfast had access to. Our world was…

EU Law Analysis: EU Court Condemns the EU Legislative Process for Lack of Transparency: Time to Open Up?

Massimo Frigo, Senior Legal Adviser of the International Commission of Jurist’s Europe Programme* It is sometimes cases on obscure administrative processes that become landmark judgments in the ever constant building of our democratic legal systems. In the US Marbury v. Madison was a case that at the time attracted little attention as the subject matter related to respect of procedures in judicial appointments. This notwithstanding it came to be the legal milestone of constitutional review in the US legal system. In the European Union one of these cases was decided…

References to the European Court of Justice and the February 2018 decisions of the District Court, Amsterdam

Professor Anthony Arnull, University of Birmingham, UK The decision of 7 February 2018 The interim decision of the District Court, Amsterdam, of 7 February 2018 caused quite a stir among Brexit-watchers. The case concerned promised not only to be the first reference to the Court of Justice on Brexit but also to raise one of the most fundamental questions posed by the UK’s decision to withdraw from the EU: whether, in the absence of an agreement to the contrary, withdrawal would necessarily mean that UK nationals would lose their EU…

EU Law Analysis: A Bridge to Nowhere? The Brexit transition period: analysis and annotation

Professor Steve Peers, University of Essex Last week saw significant developments in the Brexit talks. On Monday March 19th, the EU27 and the UK agreed on a large part of the proposed withdrawal agreement, most notably the details of a transition period (lasting from Brexit day in March 2019 to the end of 2020) which the UK was particularly concerned to agree. (There were earlier drafts of the entire agreement on February 28 and March 15). Subsequently, on Friday March 23rd, the EU27 decided that there was sufficient progress in…

the GDPR and the ‘winter package’ of EU clean energy law

Alessandra Fratini and Giulia Pizza, FratiniVergano, European Lawyers – a Brussels-based law firm specialising in European and international law On 30 November 2016, the Commission launched the “Clean Energy for All Europeans” legislative package, aimed at modernizing the European electricity market and facilitating the transition to more decentralized, clean energy solutions. “Decentralization” is seen as a driver for innovation and the key factor for rebalancing energy actions in favour of a demand-driven policy, where consumers are equipped with the right tools to actively participate in this paradigm shift. Smart metering…

EU Law Analysis: Citizens’ Rights after Brexit: A Personal Perspective

Professor Steve Peers, University of Essex I rarely say anything very personal on this blog – or indeed, in any other context. But I think it’s important to discuss immigration more often from a personal perspective, not just in the abstract. Of course economic statistics are useful when discussing economic impact, and I hope my detailed legal analysis of the citizens’ rights provisions of the draft Brexit withdrawal agreement is useful for activists and negotiators. Yet since migrants are often compared to pestilence or floods, I think it’s necessary to…