Not a joke: EU Court defines ‘parody’

No automatic right to leave for moms in EU using surrogates

European Court Rules on Equal Benefits Case for Same-Sex Couple

EU Court: Homosexuality Can Be Grounds For Asylum

European Court of Justice “Lacking Any Foundation in Law”

Germany: No Patenting Of Human Embryonic Stem Cells, If Obtained Through The Destruction Of Human Embryos

Lawmaker Fined About $4,000 For Insulting EU Chief

Human rights courts: a beginner’s guide

Court Interprets When EU Country Must Grant Asylum For Religious Persecution

Irish Times: Courts have spoken, Church should shut up on abortion

European Court of Justice: Workers sick during vacation are entitled to more time off

Britain, Czechs snub Europe’s fiscal pact but won’t forge an alliance of critics

Top Europe court bans stem cell technique patents

EU Court of Justices wants 12 more judges

European Court: Couples in civil unions must receive same retirement benefits as married couples

EU Nations Can’t Jail Illegal Immigrants

EU: Top court throws out Italian law making illegal immigration a crime

Ruling on stem-cell patents may spell end of research in Europe

Scientists oppose European stem cell patent ban

Reform of the European Court of Human Rights: response to a modest proposal

Landmark EU Decision Against Stem Cell Patents

European Court Could Rule Traditional Marriage Benefits Are Discriminatory

German court calls on European Court of Justice to clarify religious refugee status

UK tribunal rejects religious discrimination claim by adoption panel member

Law Review: Independence and Diversity in the European Court of Justice

    Iviola Solanke, Independence and Diversity in the European Court of Justice (January 1, 2009). Columbia Journal of European Law, Vol. 15, No. 1, pp. 89-121, 2009. Available at SSRN: http://ssrn.com/abstract=1592457

    “The European Court of Justice (ECJ) currently comprises twenty-seven judges and eight Advocates General who together make law affecting citizens of the European Union over a wide range of social and economic issues, including racial and ethnic equality. However, the ECJ’s composition remains unreflective of the millions of black and migrant European Union citizens whom it serves. As the rulings of the Court reach into the everyday lives of an increasing number of people, the need for it to be legitimate in the eyes of all those it serves also rises. Courts derive their legitimacy from both inputs and outputs. A traditional input is independence; a more recent concern is diversity. This Article argues that the current procedure for appointments to the ECJ undermines both of these. The lack of transparency, coupled with the proximity to the national governments, undermines the independence of the members and precludes racial and ethnic minority representation at the Court. To address this problem, I suggest the development of objective eligibility criteria, the use of which, I argue, can promote both diversity and independence in the ECJ.”


  • Posted: 04/20/2010
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  • Category: Global: Bench and Bar
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  • Source: ssrn.com

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Sweden defies EU directive to store users’ phone data

Taking Values Seriously: Towards a Philosophy of EU Law

    Andrew Trevor Williams, Taking Values Seriously: Towards a Philosophy of EU Law (November 11, 2009). Warwick School of Law Research. Available at SSRN: http://ssrn.com/abstract=1504067

    “This article argues that the existing philosophy of EU law, such as it may be perceived, is flawed. Through a series of propositions it claims that EU law is infected by an underlying indeterminacy of ideal that has deeply affected the appreciation and realisation of stated values. These values, the most fundamental of which appear in Article 6(1) of the Treaty of European Union, have been applied in a haphazard fashion and without an understanding of normative content. The European Court of Justice has instead adopted a largely pragmatic approach that has focused on principles or virtues of governance rather than attempting to offer a way of satisfactorily defining values or ensuring their realisation. The underlying philosophy thus appears to be based on a theory of interpretation (of original political will) rather than a theory of justice. The recent decision in Kadi paradoxically offers both confirmation of the argument presented but also a judicial appreciation that a new direction may be desirable, one inspired by a law based on the predominance of fundamental values with particular emphasis on respect for fundamental rights.”


  • Posted: 11/16/2009
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  • Category: Global
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  • Source: ssrn.com

  • Tags: , , , ,

EU Court strikes blow to gambling industry

European Constitution and European Evolution: Why Does the ECJ Matter