Citizens of Somewhere Else? EU citizenship and loss of Member State nationality

Professor Steve Peers, University of Essex* *This blog post is adapted in part from the forthcoming second edition of The EU Citizenship Directive (OUP, 2019), co-authored by me, Elspeth Guild and Jonathan Tomkin Member States’ rules on the acquisition or loss of nationality are in principle a national competence. But this issue is nevertheless central to EU law, because citizenship of the EU is based on having the nationality of a Member State, according to Article 20(1) TFEU: Citizenship of the Union is hereby established. Every person holding the nationality…

EU Law Analysis: Guardianship, free movement and the rights of the child: the SM judgment

Professor Steve Peers, University of Essex *This blog post builds on research which contributed to the forthcoming second edition of The EU Citizenship Directive (OUP, 2019), co-authored by me, Elspeth Guild and Jonathan Tomkin When is a child a ‘family member’? Many people regard others they love dearly as children, parents or other relatives, but the law is rather stricter. This strictness is particularly important where children are involved, in order to ensure their welfare, and where it impacts on immigration law. Moreover, different countries have different approaches to the…

Any role for the Court of Justice of the European Union?

Dr Marios Costa, Senior Lecturer, City, University of London The European Union (EU) has long been criticised for administrative inadequacies and for structural deficiencies. There have been a number of reports and commentaries highlighting that the EU suffers from political irregularities. Similarly, alleged corruption, maladministration and money laundering at the national level of governance, as shown below, is of equal concern for the citizenry and the Union alike. On 26 February 2019, the Court of Justice (Grand Chamber) gave a significant judgment on two joint cases brought by the suspended Governor of…

EU Law Analysis: Brexit and Extending EU Membership: The Legal Issues

Professor Steve Peers, University of Essex As the Brexit day deadline of March 29th looms without approval of the proposed withdrawal agreement, tonight’s European Council meeting agreed conclusions offering an extension of UK membership of the EU in principle. What are the legal issues concerning the extension of EU membership? The crucial part of tonight’s conclusions stated that: The European Council agrees to an extension until 22 May 2019, provided the Withdrawal Agreement is approved by the House of Commons next week. If the Withdrawal Agreement is not approved by…

why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May

EU Law Analysis: Of extension of UK membership and basic democratic principles: why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May Of extension of UK membership and basic democratic principles: why the UK will need to hold EP elections if its membership of the EU is prolonged beyond the 22nd of May Professor Eleanor Spaventa, Bocconi University To say that the political situation is the UK regarding Brexit negotiations is volatile is an underestimation of reality; Mrs…

We need to talk about Article 50

EU Law Analysis: Extension and elections: We need to talk about Article 50 Extension and elections: We need to talk about Article 50 Professors Catherine Barnard and Steve Weatherill, Universities of Cambridge and Oxford respectively Its 261-word text is now infamous. It is brief, at times laconic, and leaves many things unsaid or uncertain. So, what does – and doesn’t – Article 50 permit? Let’s start with the easy stuff.  Article 50(3) says that the two-year period can be extended by the European Council acting by unanimity (all 27 EU…

EU Law Analysis: The second vote against the withdrawal agreement: what next?

Professor Steve Peers, University of Essex The second attempt to approve the withdrawal agreement has been defeated again in the House of Commons. What were the main legal issues in this second attempt – and what is the way forward, if any? MPs were asked to vote on five documents: a)      The Withdrawal Agreement, as agreed in November, which has not been changed (see my overview of the agreement here) b)      The non-binding Political Declaration on the future relationship with the EU, which has not been changed (see my detailed…

Legal Analysis of the Strasbourg Deal of March 11 2019

Professor Michael Dougan, University of Liverpool, 12 March 2019 Summary: The legal form of the “Instrument relating to the Withdrawal Agreement” and / or the “Joint Statement supplementing the Political Declaration” is of little importance.  The real question is whether the new measures make any meaningful changes to the withdrawal package which was politically endorsed in November 2018 and now awaits approval in the Commons.  The Instrument largely restates existing provisions of the Withdrawal Agreement without making any appreciable additions or changes.  In particular: the “backstop” is still capable of…

Pitfalls for employers: dismissals and TUPE transfers | Employment Law Blog

The recent Court of Appeal case of Hare Wines Ltd v Kaur is a reminder of the caution that should be exercised by employers when carrying out dismissals either before or after a TUPE transfer. In this case, an employer attempted to argue that the dismissal in question was carried out for “purely personal reasons” unrelated to the TUPE transfer, an argument which was dismissed by the Court of Appeal. Background The Claimant was employed as a cashier in H&W Wholesale Ltd (H&W), a wine wholesale business. When H&W began…

Prison Break? The CJEU rules on clashing EU and national law obligations on detention time limits

Joske Graat, PhD candidate, Utrecht University If EU law provides for a longer period of detention of a person subject to a European Arrest Warrant, and national law provides for a shorter period, which prevails? If national law is vague about the issue, is that a violation of the ECHR (and therefore also the EU Charter of Fundamental Rights), which provides that detention needs to be ‘lawful’, and so relevant national laws must be precise? In the recent TC judgment the Court of Justice of the European Union (CJEU) provided…