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Posthumously Conceived Children And Social Security Entitlements; Or Things (Not) To Do In Little Rock When You’Re Dead, Mel Cousins
Mel Cousins
This case note examines a number of recent decisions of the Arkansas state courts concerning the entitlements of posthumously conceived children under social security and workers compensation law. These decisions highlight the differences in approach which have been adopted in this important area and the difficulties caused by the lack of a uniform approach in federal law.
Widow's Pension And Gender Equality: Runkee V. United Kingdom, Mel Cousins
Widow's Pension And Gender Equality: Runkee V. United Kingdom, Mel Cousins
Mel Cousins
The long litigation saga involving the compatibility of UK legislation on survivors’ benefits appears to have come to a (not particularly glorious) end with the European Court of Human Rights’ (ECtHR) decision in Runkee and White v United Kingdom. This case involved a challenge to the compatibility of national law on the payment of widows’ pensions solely to women, similar to that considered by the House of Lords in Hooper and the ECtHR came to a similar conclusion holding that UK law was not incompatible with the European Convention on Human Rights.
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.
The Right To Reside And Access To Social Security In The Courts Of Appeal, Mel Cousins
The Right To Reside And Access To Social Security In The Courts Of Appeal, Mel Cousins
Mel Cousins
This case note looks at two decisions of the English and Northern Irish Courts of Appeal in relation to the right to reside requirement for access to certain social security benefits. In brief, in the context of the expansion of the EU in 2004, the UK – unlike most other member states – allowed access to the UK labour market for the nationals of the Accession countries subject to a worker registration requirement. At the same time the UK government strengthened the existing habitual residence test by requiring that, in order to be considered habitually resident, a claimant must have …
Asset Freezing, Social Security, And Human Rights, Mel Cousins
Asset Freezing, Social Security, And Human Rights, Mel Cousins
Mel Cousins
This case analysis discusses a recent decision of the Court of Appeal concerning restrictions placed on the payment of certain social security benefits in the context of the UN asset freezing regime. The case is an interesting example of the sort of new questions coming before the courts in the post-9 11 world and raises a number of issues worthy of note. In particular, it raises the question of the approach which national and supranational courts should adopt to balancing the implementation of anti-terrorism measures with the upholding of the principles of human rights (and their application in practice).