Download Publication Online Reader In a new paper for Policy Exchange’s Judicial Power Project, Anthony Speaight KC argues for reform of the judicial practice of permitting pressure groups to intervene in litigation. The paper, which is welcomed by Lord Wolfson of Tredegar KC, recommends legislation to specify when judges may grant permission to interveners, a procedural reform that would help to depoliticise the courts. The pressure groups most often granted […]
The latest judgment in the saga of data retention provides further evidence of the problems and uncertainties created by the European Court of Justice. First a recap on the story so far. Since the dawn of telecommunications the companies involved have been recording who use their services when, and from where. Apart from any other reason this information, which does not include a copy of the actual message, has often […]
On 21st December 2016 the Court of Justice of the EU (CJEU) delivered judgment on the joined cases of Tele2 Sverige from Sweden and the Davis/Watson reference from the UK. The case was discussed yesterday on this site by Dr Gunnar Beck. My own view is that the CJEU’s decision is the most spectacular demonstration to date of the reach of the EU Charter of Fundamental Rights, and one whose ramifications are calamitous. The focus of the […]
Download Publication Online Reader Part of our series on “Debating Judicial Power: Papers from the ALBA Summer Conference”. A pdf version of this post can be found here. Maya Lester, firstly, accuses Leave campaigners of populist attacks on the Luxembourg Court; secondly, is unsure what critics mean by “judicial activism”; and thirdly, can identify hardly any actual cases in which the CJEU has gone too far. Having been a Remain campaigner myself, I […]
Last week’s decision of the Court of Justice of the European Union in Home Secretary v CS marks a new high water mark in the Court’s expansion of the implications of EU citizenship and the role of the EU Charter of Fundamental Rights. It may also raise important political questions for Government ministers. CS, in whose favour the Luxembourg court has just ruled, is fighting deportation from the UK. She is the […]
