Law Commons^™

How The European Union's Legal System Works - And Does Not Work: Response To Carruba, Gabel, And Hankla, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

A Tale Of Two Decades: War Refugees And Asylum Policy In The European Union, Maryellen Fullerton

Maryellen Fullerton

A Tale of Two Decades: War Refugees and Asylum Policy in the European Union

The past twenty years have seen profound developments in the institutional competence of the European Union to address issues of migration and refugee status. The growth of the internal market, the expansion of passport-free travel, and the continuing arrival of individuals fleeing war or persecution led to the realization that a joint European approach to asylum seekers was necessary. Negotiations among the Member States have resulted in a Common European Asylum System. These European developments are largely unknown among refugee scholars, decision makers, and advocates in …

The European Court Of Justice And The Judicialization Of Eu Governance, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

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

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 …