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  • Same-sex marriage: the US, Europe and the Obergefell questions

    Carl Gardner
    June 25, 2015

    Elvert Barnes | Creative CommonsThe US Supreme Court’s opinion in Obergefell v Hodges – it may come out today, or next week – will […]

    Tags: discrimination, ecj, ecthr, eu law, family, free movement, human rights, US constitution, US Supreme Court
  • Can the Danes ban Marmite?

    Carl Gardner
    May 25, 2011

    Jon Worth (surely Britain’s leading blogger on EU affairs) has the story that it’s now illegal to sell Marmite in Denmark. The Danish embassy has been anxious to stress that Marmite is not banned, but that is, I’m […]

    Tags: business, eu law, europe, food, free movement
  • 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
  • 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
  • Geert Wilders: the Home Office’s decision is unlawful

    Carl Gardner
    February 11, 2009

    As has been widely reported, the Home Office has decided to exclude the controversial Dutch MP Geert Wilders from the UK; here’s the letter it sent him notifying the decision. Many people will be troubled by this: there […]

    Tags: eu law, free movement, freedom of expression, human rights, religion
  • British jobs for British workers

    Carl Gardner
    February 4, 2009

    I must admit to having some sympathy for the workers at Lindsey oil refinery who protested against the shipping in of Italian workers to carry out work there; and with those Labour MPs like Jon Cruddas who have […]

    Tags: business, employment, eu law, free movement
  • Dept. of Revenue of Kentucky v Davis

    Carl Gardner
    May 20, 2008

    Before I end my blog holiday and come back from New York, I thought you might just be slightly interested in this US Supreme Court case showing that non-discriminatory inter-state commerce is protected in a way analogous to (thought […]

    Tags: business, free movement, US Supreme Court
  • Strikes must be justified in free movement law: the ECJ’s ruling in Viking Line

    Carl Gardner
    December 13, 2007

    Earlier this week the ECJ gave its ruling in case C-438/05 International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line – often simply called the Viking Line case. It’s the case Lord Wedderburn was […]

    Tags: employment, eu law, free movement, trade unions
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