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  • Open Europe calls for opt-out from equal pay

    Carl Gardner
    November 6, 2009

    For many years Eurosceptic Conservatives have wanted the UK to be “opted out” of EU social legislation – John Major negotiated an opt-out from the “social chapter” at Maastricht (though he seemed to get no thanks for that from his […]

    Tags: discrimination, employment, equal pay, eu law, europe
  • Cameron’s National Sovereignty Act: what does it mean?

    Carl Gardner
    November 4, 2009

    This afternoon as part of his new EU policy, David Cameron promised a National Sovereignty Act, to make clear that British institutions ultimately rule on our relationship with the EU. I watched his speech, and thought he made a pretty […]

    Tags: EU (Amendment) Bill, eu law, europe, parliament
  • Directive 2004/38: Commision skirts the gay marriage issue

    Carl Gardner
    July 24, 2009

    Last month, when talking about the big Californian case about Proposition 8, I mentioned the unexploded bomb created by articles 2, 3 and 4 of Directive 2004/38 on the free movement rights of EU citizens and their families: they […]

    Tags: discrimination, eu law, european commission, free movement, sexual orientation
  • German Constitutional Court approves Lisbon – with provisos

    Carl Gardner
    July 2, 2009

    On Tuesday the Federal Constitutional Court ruled that the Lisbon Treaty is fundamentally compatible with the German Constitution – the Grundgesetz or Basic Law. The judgment is vast and verbose (German/English) but here’s a (still quite […]

    Tags: eu law, europe, german consitutional court, germany, lisbon treaty
  • Vodafone 2 v HMRC

    Carl Gardner
    June 4, 2009

    I’m quite interested in the Court of Appeal’s recent decision in this tax case, about Vodafone’s attempt to structure its takeover of Mannesman in the most tax-efficient way, using a Luxembourg-registered holding company to take advantage of lower rates […]

    Tags: eu law, human rights, interpretation, tax
  • Can you sack a socialist?

    Carl Gardner
    April 29, 2009

    Both Pub Philosopher and Paul Waugh have noticed something about the Equality Bill: the government’s explanatory note to clause 10 (scroll up the page for the note), which defines “belief” for the purposes of preventing discrimination on […]

    Tags: discrimination, employment, eu law, political parties
  • Harriet’s law: the Equality Bill

    Carl Gardner
    April 28, 2009

    The Equality Bill published yesterday does quite a lot of things: it aims to replace existing discrimination law on sex, race, age and so on, and update it, harmonising the protection given to each “protected characteristic”, which in many […]

    Tags: discrimination, employment, eu law, government, parliament
  • Charon QC podcast on Geert Wilders

    Carl Gardner
    February 13, 2009

    This morning Charon QC spoke to me about Geert Wilders, and my view that his exclusion is unlawful – it was a good chance for me to put together all the strands of my analysis, as set out my […]

    Tags: eu law, free movement, freedom of expression, human rights, religion
  • Geert Wilders: why no comment from Liberty?

    Carl Gardner
    February 12, 2009

    I’ve not heard any comment about this either from Liberty, or from David Davis. Why not? It’s a major free speech issue.

    Tags: eu law, free movement, freedom of expression, human rights, religion
  • Geert Wilders: and another thing…

    Carl Gardner
    February 11, 2009

    In my previous post on this I forgot another reason why the decision to exclude Geert Wilders from the UK breaches EU law. It’s arbitrary – in this sense of treating Wilders differently from UK nationals.

    One of […]

    Tags: eu law, free movement, freedom of expression, human rights, religion
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