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Full-Text Articles in Law
Civis Europeus Sum? Social Assistance And The Right To Reside In Eu Law., Mel Cousins
Civis Europeus Sum? Social Assistance And The Right To Reside In Eu Law., Mel Cousins
Mel Cousins
This article examines the current status of EU law as regards making a right to social assistance dependent on having a legal right to reside in the ‘host’ member state. In particular, it looks at the recent decision by the Court of Justice of the European Union (CJEU) in Brey and discusses whether this ruling helps to clarify the legal position.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (January-March 2012), Mel Cousins
Mel Cousins
Unusually, there were only a small number of significant rulings by either the Court of Justice or the Court of Human Rights in the period January-March 2012. In Markin v Russia the Court of Human Rights showed its positive side, ruling that the exclusion of servicemen from entitlement to parental leave, while servicewomen are entitled to such leave, was in violation of Article 14 taken in conjunction with Article 8. However, the other important case considered by the Court – B. v United Kingdom – unfortunately makes no contribution whatsoever to the protection of human rights. The Court of Human …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (September-December 2011), Mel Cousins
Mel Cousins
In the period, there was an interesting case before the European Court of Justice concerning the equal treatment Directive (79/7), while the European Court of Human Rights has given some important judgements in a number of cases on social security as a property right. Finally, the Court of Human Rights has again addressed the position as to when and why an oral hearing is required in social security cases but without greatly clarifying anything.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (July-September 2011), Mel Cousins
Mel Cousins
In this article, we consider two important decisions: one of the Court of Human Rights on the rights of prisoners which concerns access to pension insurance (Stummer); and one from the Court of Justice concerning the link between residence and social security (Stewart). On the legislative front, not much happened.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (November 2010-March 2011), Mel Cousins
Mel Cousins
In this article, we review developments in the case law of the European Court of Justice and Court of Human Rights and EU legislative developments in the period November 2010 to March 2011. We focus on a number of key judgments – mainly involving an interpretation of the Treaty provisions − which look likely to have an important impact on social security issues: in particular, Test-Achats, concerning the incompatibility of secondary legislation allowing insurance products (including pension annuities) to be calculated by reference to gender-based actuarial factors, Casteels, concerning the impact of free movement on the co-ordination of occupational pensions …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (August-September 2010), Mel Cousins
Mel Cousins
In this update, we look, in particular, at a number of recent decisions of the Court of Human Rights concerning the rights of same-sex couples and the rights of unmarried couples (Yiğit; Manenc; and J.M. v United Kingdom); and several decisions by the Court of Justice concerning free movement and the co-ordination of social security benefits, including cross-border access to health care and family benefits.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (January-April 2010), Mel Cousins
Mel Cousins
In this review, we look at five recent decisions of the European Court of Justice and the European Court of Human Rights. The ECJ decided two interesting cases in the period, giving its first ruling on the IORP (Institutions for Occupational Retirement Provision) Directive (Directive 2003/41/EC) and a judgement on the interpretation of Regulation 881/2002 which gives effect to Resolution 1390 (2002) of the UN Security Council setting out measures against persons and entities associated with Osama bin Laden, Al-Qaeda and the Taliban. In Carson, the Grand Chamber of the Court of Human Rights upheld the decision of the Chamber …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (October-December 2009), Mel Cousins
Mel Cousins
This note considers the decisions in Skugar v. Russia (40010 04) on freedom of religion and tax social security numbers; the Court of Human Rights decisions in Bladh v. Sweden (46125 06), Si Amer v France (29137 06) and Wieczorek v. Poland (18176 05); Case C-3 08 Leyman and Case C-314 08 Filipiak on free movement of workers and social security; and Case C-363 08 Slanina on family benefits.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (May-July 2010), Mel Cousins
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (May-July 2010), Mel Cousins
Mel Cousins
In this review, we look, inter alia, at a number of decisions of the Court of Human Rights including rulings concerning the rights of same-sex couples (Schalk and P.B. v Austria); a case which considers the position concerning the Convention and the transfer by a local authority of a resident to a new residential care home (Watts); and an interesting case concerning the scope of ‘other status’ under Article 14 of the Convention (Peterka). We also consider a number of ECJ cases including a further ‘development’ of the Court’s case law with regard to cross-border access to health care (Commission …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (January-March 2009), Mel Cousins
Mel Cousins
In period covered there have been a number of interesting decisions of both the Court of Justice and the Court of Human Rights concerning social security issues. The Court of Human Rights addressed issues of gender and nationality discrimination in Weller and Andrejeva while the Court of Justice addressed further issues concerning cross-border health care and competition as it affects the organisation of social security. In part 2, we also examine the current Commission proposal which would extend protection against discrimination on the basis of religion or belief, disability, age, or sexual orientation to social protection and provide an update …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (April-September 2009), Mel Cousins
Mel Cousins
In the period covered there have been two interesting decisions of the Court of Justice and the Court of Human Rights concerning the current boundaries of the scope of equality as it applies to social security issues. The Court of Human Rights addressed issues of discrimination against homosexual couples in M.W., while the Court of Justice rejected a claim in relation to social security treatment while on parental leave in Gomez-Limon. Meanwhile, the concept of European citizenship continued to develop – if in a somewhat erratic manner. The Court of Justice, in Rüffler, ruled that national tax rules in relation …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (May-September 2008), Mel Cousins
Mel Cousins
This note examines the decisions in Kehoe v United Kingdom (2010 06), I v Finland (20511 03) and Case C-228 07 Petersen.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (October-December 2008), Mel Cousins
Mel Cousins
Recent cases before the Court of Justice and Human Rights have focussed on the issue of residence – highlighting once again the importance of this issue in a social security context. First, the Court of Justice has given what is, in effect, its first judgement on the relationship between the EU residence directive (2004/38), EU citizenship and the right to social provisions or social advantages (in this case an education maintenance grant). Given the importance of this case, it is reported in full below (Förster). Secondly, the Court of Justice has again considered the export of benefits for victims of …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (December 2007-February 2008), Mel Cousins
Mel Cousins
This has been a relatively quiet period in the Court of Justice as concerns social security case law. There has been only one important 1408 case (Habelt) in which the Court reflects further on its case law on citizenship (albeit almost without mentioning the concept). The Court also decided the Klöppel case in which it ruled that Regulation 1408/71 required a Member State to take into account, for the purposes of family benefits, the period during which a comparable benefit was received in another Member State as though that period had been completed in its own territory. The Court might …
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (March-May 2008), Mel Cousins
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (March-May 2008), Mel Cousins
Mel Cousins
This article looks at recent cases before the ECHR and ECJ concerning pensions and same-sex couples, citizenship and residence, UN sanctions and social security, and Regulation 1408/71.
Overview Of Recent Cases Before The European Court Of Human Rights And The European Court Of Justice (October - December 2007), Mel Cousins
Mel Cousins
This article examines recent cases before the ECHR and ECJ on issues such as special non-contributory benefits and Regulation 1612/68; nationality nationality and other discrimination, EU competition law and payment of social security benefits; social insurance for prisoners; and delay in rectifying a breach of the International Covenant on Economic, Social and Cultural Rights.