Minority languages and court proceedings: the possibilities and limits of EU law

Steve PeersIn its recent judgment in Ruffer, the Court of Justice of the European Union (CJEU) confirmed and extended its case law relating to the use of minority languages in court proceedings.The case concerned Mrs. Ruffer, a German national living in Germany, who was injured in a skiing accident in Bolzano, a part of Italy where German is widely spoken. She blamed Ms. Pokoma, a Czech national resident in the Czech Republic, for the accident, and...

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The EU’s Returns Directive: Does it improve or worsen the lives of irregular migrants?

Steve PeersMany EU citizens are concerned about the social and economic impact of immigration, particularly irregular (sometimes called ‘illegal’) migration of non-EU citizens (third-country nationals) who do not have a right to enter or stay on the territory of an EU Member State. However, others are more concerned to ensure that irregular migrants are treated humanely and decently. To control and regulate irregular migration, the EU has adopted...

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Family Reunion for EU Citizens: The CJEU clarifies the Singh and Carpenter judgments

Chiara Berneri, Lecturer at BPP Law SchoolWhen can an EU citizen who lives in his or her own Member State claim a right under EU law to be joined by his or her third-country national family members? Traditionally EU law cannot be invoked at all in such cases, but there are important exceptions from that rule. The Court of Justice ruled on the two most important exceptions in two separate judgments of 12 March, following the December 2013 opinion...

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Can unemployed EU citizens be expelled and banned from re-entry?

Steve PeersAs detailed in today’s Open Europe blog post, the idea of expelling unemployed EU citizens has recently been mooted in Germany, and is therefore interesting the critics of EU free movement in the UK. It is therefore a good time to examine in detail in exactly what circumstances EU citizens can be expelled.The main source of law on this issue is the EU citizens’ Directive, although the primary Treaty rules on the free movement of EU citizens...

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When can Internet service providers be required to block access to websites?

Steve PeersFirst of all, a confession. Until very recently, I had a sneaking (and very unfashionable) sympathy for the holders of intellectual property rights who sought to enforce those rights through heavy-handed injunctions against Internet users or service providers. After all, downloading music et al without paying for it is not really any different from shoplifting a CD. But then the BBC, having announced that the second series of The Bridge...

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Reverse discrimination against rape victims: a disappointing ruling of the CJEU

Steve PeersWhile national criminal justice systems are often criticised for ignoring the role of crime victims, the EU has shown great interest in this issue from an early stage of the development of EU criminal law. One of the first EU 'Framework Decisions' concerned crime victims' rights, and this measure has since been replaced by a comprehensive Directive on this issue, which Member States must apply by October 2015.Yet this Directive is not...

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Agency workers: Are they sufficiently protected by EU law?

Steve Peers'Atypical' workers (those workers who do not have a full-time permanent contract) are often in a very vulnerable position in the labour market, and so are possibly subject to exploitation. The use of such forms of employment might also undercut other workers. On the other hand, on some occasions such employment does suit the needs of both workers and employers, and constitutes an important form of job creation. To strike a balance between...

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Surrogate Mothers' Day in the Court of Justice: Reflections on EU sex equality law

Steve PeersWomen who would love to give birth to children, but who are unable to do so for medical reasons, have always understandably attracted great public sympathy. Historically, the only option for them was adoption. But in the last few decades, other options have become available, in particular IVF and surrogacy. While EU law does not regulate any of these issues as such, it does regulate maternity leave, by means of the pregnant workers'...

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Rebuilding Hadrian's Wall? The effect of Scottish independence on British border control

Steve PeersIt is widely believed that the Romans built Hadrian's Wall to keep marauding Picts (modern day Scots) at bay from civilised Britannia. Certainly the Wall in Game of Thrones is intended to keep out the angry, hairy mutants to the North. The British Home Secretary, Theresa May, recently revived thoughts of these walls when she suggested that in the event of an independent Scotland, border control would have to be reestablished between Scotland...

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