10

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Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - The United Kingdom

09-10-2017

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court structure in the UK. The study commences with an historical introduction which stresses the absence in domestic law of a clearly delineated sense of what counts as ‘constitutional’ .In traditional accounts of the UK Constitution there is no hierarchy of higher order ‘constitutional’ and ‘ordinary’ Acts of Parliament. Neither has a separate court structure developed to handle exclusively constitutional claims, although specialised ad hoc tribunals do exist in public law contexts. The underpinning principles remain (i) the doctrine of parliamentary sovereignty and (ii) the rule of law. After this introduction, a review is provided of the main remedies and procedures used for the redress of grievances against public bodies. In a subsequent section of materials, a table of the main sources of individual rights against the state is provided. The domestic status of constitutional conventions and international law are dealt with in this part. Then, an account of the substantive norms informing the standards of effective protection for the individual is given, including some critical commentary on the operation of key provisions. The concluding section compares the benefits and drawbacks of specialised tribunal adjudication, the ‘politicised’ nature of certain judicial review proceedings against a background of increasing privately-owned provision of services to the public and the continuing relevance of private law tort claims where compensation for mistreatment at the hands of the state is sought.

Ekstern forfatter

null, EPRS-ComparativeLaw

The Impact of the United Kingdom’s withdrawal from the European Union on Scotland, Wales and Gibraltar

26-04-2017

Upon request by the AFCO Committee, the Policy Department for Citizens’ Rights and Constitutional Affairs has commissioned this in-depth analysis on the impact of Brexit on the devolved territories of Scotland and Wales as well as the Overseas Territory of Gibraltar. It examines the economic and political implications of Brexit on these territories, the consequences of the possible return to devolved administrations of formerly ‘Europeanised’ competencies and looks at how Brexit might affect their ...

Upon request by the AFCO Committee, the Policy Department for Citizens’ Rights and Constitutional Affairs has commissioned this in-depth analysis on the impact of Brexit on the devolved territories of Scotland and Wales as well as the Overseas Territory of Gibraltar. It examines the economic and political implications of Brexit on these territories, the consequences of the possible return to devolved administrations of formerly ‘Europeanised’ competencies and looks at how Brexit might affect their future status within the UK as well as their relations with the EU.

Brexit Literature Update 3/2017

03-03-2017

Following a relevant request by the Committee for Constitutional Affairs, the Policy Department on Citizens’ Rights and Constitutional Affairs has been compiling, on a regular basis, a number of academic and scholarly materials related to the process of, and the negotiations on, the withdrawal of the UK from the EU. Since the June 2016 referendum in the UK, Brexit-related literature has grown significantly and it is probably going to expand further in the future. Thus, this compilation is far from ...

Following a relevant request by the Committee for Constitutional Affairs, the Policy Department on Citizens’ Rights and Constitutional Affairs has been compiling, on a regular basis, a number of academic and scholarly materials related to the process of, and the negotiations on, the withdrawal of the UK from the EU. Since the June 2016 referendum in the UK, Brexit-related literature has grown significantly and it is probably going to expand further in the future. Thus, this compilation is far from exhaustive; rather, it identifies some of the more useful articles, taking into account, in particular, the following elements: • Scholarly rather than a journalistic publication • Originality and interest • Recent publication • Be of interest for the EU • Constitutional or institutional relevance.

Jurisdiction in Matrimonial Matters - Reflections for the Review of the Brussels IIa Regulation

30-06-2016

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as ...

At the request of the European Parliament Committee on Legal Affairs (JURI), this research paper was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs to examine difficulties experienced in relation to jurisdiction in matrimonial matters, and assess the need for amendment of current legislation concerning party autonomy, transfers of jurisdiction and harmonisation of rules on residual jurisdiction. It concludes that there is a pressing need for reform insofar as transfers of jurisdiction are concerned, and a compelling case for the introduction of more party autonomy. The case for harmonisation of residual rules, however, is less clear. In the light of national case law and academic literature, the study also considers whether same-sex relationships could be governed by the Regulation and argues that there is a strong legal argument for their inclusion.

Ekstern forfatter

Justin Borg-Barthet (University of Aberdeen, the United Kingdom)

Adoption without Consent - Update 2016

12-05-2016

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection ...

This study – commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Petitions – examines the law and practice in England in relation to adoption without parental consent, in comparison to other jurisdictions within the European Union, including on the basis of petitions submitted to the European Parliament on the matter. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings. The study concludes that while other EU Member States have mechanisms for permitting adoption without parental consent in specific circumstances, few appear to exercise this power to the extent to which the English authorities do. Still, the lack of comparative statistical data on when this is used, how frequently, and by whom, precludes clear-cut conclusions, calling for more data and research to be carried out.

Ekstern forfatter

Claire FENTON-GLYNN (University of Cambridge, the UK)

Adoption without Consent

07-07-2015

At the request of the PETI Committee and on the basis of petitions submitted on the matter of adoption without parental consent in England and Wales, this study examines the law and practice in England and Wales, in comparison to other jurisdictions within the European Union. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between ...

At the request of the PETI Committee and on the basis of petitions submitted on the matter of adoption without parental consent in England and Wales, this study examines the law and practice in England and Wales, in comparison to other jurisdictions within the European Union. It further details the procedures followed by the English courts in relation to child protection proceedings involving a child who has a connection to another EU Member State, and gives recommendations for cooperation between States in future proceedings.

Ekstern forfatter

Claire FENTON-GLYNN (King’s College London, the UK)

European Small Claims Procedure - Legal analysis of the Commission's proposal to remedy weaknesses in the current system

06-11-2014

The number of small cross-border transactions, usually in business-to-consumer contacts, is steadily growing in the EU. If a transaction ends up in a way which does not satisfy the parties, they may want to go to court to get their money back or make sure a faulty good is repaired. However, national civil procedures are not well adapted for such cross-border litigation over small claims. That is why the EU legislature introduced a European Small Claims Procedure (ESCP) back in 2007. For various reasons ...

The number of small cross-border transactions, usually in business-to-consumer contacts, is steadily growing in the EU. If a transaction ends up in a way which does not satisfy the parties, they may want to go to court to get their money back or make sure a faulty good is repaired. However, national civil procedures are not well adapted for such cross-border litigation over small claims. That is why the EU legislature introduced a European Small Claims Procedure (ESCP) back in 2007. For various reasons, this initiative has not been a success and is being used only sparingly. The in-depth analysis aims at answering the question whether the Commission proposal to amend the ESCP, now before the Legal Affairs Committee of the Parliament, can help to remove the existing shortcomings and turn this procedure into a powerful tool in the hands of European consumers.

Country Report on England, Wales and Northern Ireland - for the Study on "Member States' Policies for Children with Disabilities"

14-06-2013

This study looks at the situation of children with disabilities in England, Wales and Northern Ireland to identify the gaps in the legal frameworks and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses 18 Member States. Based on a comparative analysis of the country studies, the report ‘Study on Member States' Policies for Children with Disabilities’ (see under PE 474.416) provides some recommendations ...

This study looks at the situation of children with disabilities in England, Wales and Northern Ireland to identify the gaps in the legal frameworks and its implementation, the obstacles faced by children with disabilities and best practices. This country study is part of a larger study which analyses 18 Member States. Based on a comparative analysis of the country studies, the report ‘Study on Member States' Policies for Children with Disabilities’ (see under PE 474.416) provides some recommendations for EU action to enhance the situation of children with disabilities.

Ekstern forfatter

Gavin McBride (under the supervision of Milieu Ltd., Belgium , Project Managers: Marta Ballesteros and Nathalie Meurens)

Cross-Border Implications of the Legal Protection of Adults

14-12-2012

Convention XXXV is of significant assistance in relation to cross-border capacity issues. However, it does have some weaknesses. Accordingly, Member States should be encouraged to ratify Convention XXXV. In addition the creation of a form of European Power of Representation would be extremely useful.

Convention XXXV is of significant assistance in relation to cross-border capacity issues. However, it does have some weaknesses. Accordingly, Member States should be encouraged to ratify Convention XXXV. In addition the creation of a form of European Power of Representation would be extremely useful.

The Consumer Experience of Mediation in England and Wales

16-05-2011

This note provides an overview of the consumer’s experience of mediation in England and Wales, including commentary upon the EU Mediation Directive and its implementation in the jurisdiction.

This note provides an overview of the consumer’s experience of mediation in England and Wales, including commentary upon the EU Mediation Directive and its implementation in the jurisdiction.

Ekstern forfatter

Andrew Leakey (Stephensons Solicitors LLP)

Kommende begivenheder

01-10-2019
Health threats from climate change: Scientific evidence for policy-making
Anden begivenhed -
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