October 2007

Palacios de la Villa: EC law means never having to say sorry

October 16, 2007

In its judgment today in case C-411/05 Palacios de la Villa , the ECJ has ruled that Directive 2000/78, which outlaws discrimination on grounds of age, does not prevent member states from legislating so as to permit compulsory retirement at 65 in certain circumstances – at least in the context of collective agreements between employers […]

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Green ink (and a bit of sense) on the Charter

October 16, 2007

The Times today has a few letters responding to the government and Lord Wedderburn on the Reform Treaty. Robert Gutfreund Walmsley’s letter makes depressing eurosceptic reading. What does he mean by the dual nationality provision? There?s nothing new in the Reform Treaty about nationality. He must mean the existing articles 17 to 21 of the […]

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Austin and Saxby v Metropolitan Police

October 15, 2007

The Court of Appeal has in effect upheld as lawful the actions of the police during the May Day demo in Oxford Circus in central London in 2001. You may remember that the police in effect trapped several thousand people in Oxford Circus for a number of hours after they, or most of them, arrived […]

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Branislav Kostic’s bonkers bequest

October 15, 2007

Both the mainstream media and leading blogs have picked up on Henderson J’s judgment in the Chancery Division of the High Court, ruling invalid Branislav Kostic’s will, in which he left millions of pounds to the Conservative Party. Here’s the judgment. The judge’s ruling, put into the language of the 19th century case of Banks […]

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Wedderburn at it again

October 15, 2007

Writing to the Times, this time, about the Charter again and those cases he mentioned in the Telegraph last week.

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Charging to the exit?

October 12, 2007

Just in case George and Alastair have got you running for the exits clutching your capital gains, there’s an interesting article in Accountancy Age suggesting that the taxman’s system of exit charges on businesses relocating elsewhere in the EU may be an unlawful restriction on freedom of establishment. It sounds a decent argument to me! […]

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Reform Treaty: President of the European Council

October 11, 2007

I was amazed, watching Question Time on the BBC tonight, to hear both Harriet Harman and Simon Hughes suggest that one of the ways the Reform Treaty differs from the EU Constitution is in not providing for a “European President”. It just shows how little even major politicians know about this treaty! In fact, the […]

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An Inconvenient Judgment

October 11, 2007

I’m not entirely happy with Burton J’s Administrative Court judgment in Dimmock v Secretary of State for Education, in which he criticised Al Gore’s film, An Inconvenient Truth. I think the judgment is an unfortunate exercise in micromanagement of education policy and teaching, and slack in its legal reasoning. Mr. Dimmock was arguing that the […]

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Pay and the Social Chapter

October 11, 2007

I was interested that at the Conservative conference last week David Cameron made clear a future Tory government will try to opt out of the EU social chapter. Not that that’s new – as this story shows – though a few years ago they did apparently drop their hard line. They’ve stiffened themselves again, then. […]

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Lord Wedderburn, Laval and Viking Line

October 11, 2007

I noticed an interesting letter in the Telegraph yesterday from Lord Wedderburn QC. It’s a bit cryptic, but I think he’s suggesting the ECJ might be about to create a new, enforceable right to strike. The two cases he’s referring to, in which Advocates General have recently delivered opinions – the judgment of the court […]

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