The European Convention on Human Rights, the EU and the UK: Confronting a Heresy

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter discusses the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

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3. Sources of English Law

Introduction to Business Law ◽

10.1093/he/9780198824886.003.0003 ◽

2019 ◽

pp. 41-74

Author(s):

Lucy Jones

Keyword(s):

Human Rights ◽

Case Law ◽

European Convention ◽

Eu Law ◽

The European Union ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Uk ◽

The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter outlines the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU and the likely impact of the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

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Foster on EU Law

10.1093/he/9780192897961.001.0001 ◽

2021 ◽

Author(s):

Nigel Foster

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Free Movement ◽

European Convention ◽

Eu Law ◽

The European Union ◽

Charter Of Fundamental Rights ◽

Free Movement Of Persons ◽

The Uk ◽

The Eu

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas, including free movement of goods; free movement of persons; citizenship; and competition law, including state aids. This clear structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law, including UN Resolutions. It includes a consideration of EU law and Germany and France, as well as a briefer look at a number of other member states and contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the European Convention on Human Rights. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Art 263 of the Treaty on the Functioning of the European Union and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice. The relationship between the UK and the EU and Brexit are dealt with in a new, dedicated chapter.

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Introductory Note

10.1093/oso/9780190923846.003.0027 ◽

2018 ◽

Author(s):

Guido Raimondi

Keyword(s):

Human Rights ◽

Separation Of Powers ◽

Freedom Of Expression ◽

European Convention ◽

European Court ◽

European Public ◽

Introductory Note ◽

Un Security Council ◽

The Right ◽

The Eu

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.

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The Protection of Intellectual Property in International Human Rights Law

10.1093/oso/9780199663392.003.0008 ◽

2017 ◽

Author(s):

Henning Grosse Ruse-Khan

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Fundamental Rights ◽

European Convention ◽

International Human Rights Law ◽

Human Rights Law ◽

Cultural Rights ◽

Core Subject ◽

Charter Of Fundamental Rights ◽

The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

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Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

New Journal of European Criminal Law ◽

10.1177/2032284421995933 ◽

2021 ◽

pp. 203228442199593

Author(s):

Wolfgang Schomburg ◽

Anna Oehmichen ◽

Katrin Kayß

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Cooperation Agreement ◽

Judicial Cooperation ◽

Human Rights Protection ◽

Criminal Matters ◽

The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

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The seizure, detention and forfeiture of cash in the UK

Journal of Financial Crime ◽

10.1108/13590790410809149 ◽

2003 ◽

Vol 11 (2) ◽

pp. 134-149 ◽

Cited By ~ 1

Author(s):

R. E. Bell

Keyword(s):

Human Rights ◽

Money Laundering ◽

Crime Control ◽

European Convention ◽

Important Method ◽

Standard Of Proof ◽

Different Types ◽

Proceeds Of Crime ◽

National Border ◽

The Uk

Stresses that the criminal economy is much more cash‐intensive than the legitimate economy, and explains why. Indicates the scope of the problem for crime control: that carrying illegal proceeds as cash across national border remains an important method of money laundering. Outlines the provisions of the Proceeds of Crime Act 2002 concerning powers to allow searches for cash, and the standard of proof required. Discusses the different types of evidence allowed: avoidance of the usual banking channels, previous convictions and acquittals, lack of business records, lack of an audit trail, credibility, presence of items indicating crime, criminal associates, lying and inconsistent statements, contamination of the cash by drugs, suspicious denomination of banknotes, attempts at concealment, travel destinations and arrangements, financial background, failure to cooperate, and confidential informants. Goes on to cash seizures under terrorist legislation, possible challenges to seizures as contrary to the European Convention on Human Rights, the choice between civil and criminal forfeiture, and how the investigation proceeds.

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