Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O'Meara.
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Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976
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Ian Smith and Owen Warnock
Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This sixteenth edition has been produced against the background of the political instability of 2022, after coming out of the Covid crisis, and of course the largest elephant in the room, the uncertainties still of the overall employment law effects of our departure from the EU. Where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments that continue in spite of such macro matters, for example in relation to the extent to which workers and unions have legal protection in cases involving what is generally referred to as the ‘gig economy’. In particular, the chapters on discrimination in employment, work–life balance, and redundancy/reorganization and business transfers have been subject to substantial rewriting. Finally, the changes to the style and layout of the book adopted in the last three editions have been maintained and expanded upon by the addition of a ‘Context’ section at the beginning of each chapter, in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.
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21. Article 2, First Protocol: The Right to Education
David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 2 of the First Protocol of the European Convention on Human Rights, which guarantees the right to education. Article 2 extends to all forms of education provided or permitted by the state—primary, secondary, and higher education, as well as to private schools and universities. The right to education consists of a variety of rights and freedoms for children and parents. These mostly belong to the pupil or student, but parents do have certain rights of their own under Article 2 about the way in which their child is educated.
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Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights. This case examined the now-defunct provisions against gay people serving in the British military, and how using either unreasonableness or proportionality produced different outcomes. It also considers the contribution which a rights-based approach to legal questions, drawing on proportionality, can make to the development of law and policy. The document also includes supporting commentary and questions from author Thomas Webb.
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14. Introduction to the Internal Market
The creation of the internal market is one of the central purposes of the European Union (EU). This chapter examines the common themes that affect the four freedoms which constitute the internal market in the EU: the free movement of goods, of people and of capital; and the freedom to provide services. It analyses the relationship between these four freedoms and highlights the role of the Court of Justice (CJ) in defining the freedoms’ scope, particularly as regards the social aspect of these freedoms. The chapter also suggests that these freedoms have operated to limit Member States’ regulatory freedom in wide-ranging policy fields.
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Liz Campbell, Andrew Ashworth, and Mike Redmayne
The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.
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14. Criminal process values
This chapter reflects upon the values that appear to dominate the English criminal process, the values that ought to dominate it, and how change might be brought about, in the context of austerity and diminishing resource allocation for both economic and ideological reasons. Specifically, it considers the avoidance of criminal trials, as well as the principled approach to criminal justice. The purpose of the criminal process is to bring about accurate determinations through fair procedures. The approach therefore emphasizes various rights and principles that ought to be safeguarded. The chapter then covers discrimination and non-discrimination, as well as promoting the principled approach.
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17. Article 14 (Freedom from Discrimination in Respect of Protected Convention Rights) and Protocol 12 (Non-Discrimination in Respect of ‘Any Right Set Forth by Law’)
David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 14 of the European Convention on Human Rights, which addresses discrimination. Article 14 is a ‘parasitic’ provision, i.e. it only applies to ‘rights and freedoms set forth’ in the Convention and its Protocols. In other words, it only prohibits discrimination within the ambit of these rights and freedoms—contrast Protocol 12 to the Convention, which is also discussed in this chapter, which prohibits discrimination generally. The importance of Article 14 is evident in the growing number of cases over the past decade, including important judgments and decisions concerning discrimination based on sexual orientation and allegations of racial discrimination.
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10. Punishment and rehabilitation in the community
This chapter reviews the main options available to the sentencing court which do not entail immediate custody. It therefore deals with community orders as well as suspended prison sentences (see Chapter 7, section 7.5 for financial penalties). It discusses the tensions between imposing proportionate punishment and delivering rehabilitation programmes. It examines the policy aim of reducing reoffending through specifying in court orders requirements to control and rehabilitate the offender in the community, and discusses the theory and practice of rehabilitation that underpins these initiatives. However, because punishment and rehabilitation also take place in the community for those released from prison, this chapter examines supervision for prisoners released on licence. The chapter, therefore, covers the policy changes in relation to the work and remit of the Probation Service.
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20. Labour and equality law
Mia Rönnmar
Labour law regulates the individual employment relationship and employment rights, as well as the labour market more generally, and the relations between the State, employers and employees, and their representatives—the social partners. Equality law is a central part of labour law, but also extends its reach beyond working life. Both the development and content of EU labour and equality law throughout the years—and still today—reflect a tension between the EU and national sovereignty, economic and social rights, and market and human rights discourses. Labour and equality law is regulated by a complex mix of Treaty provisions, fundamental rights, and general principles of EU law, secondary law, collective agreements at EU level, case law from the Court of Justice, and soft law measures. This chapter discusses a selection of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.
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21. The Right to Education
This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom. The chapter examines the use of the margin of appreciation doctrine and proportionality by the Court in order to balance different beliefs in an educational setting within a multicultural society.
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Bernadette Rainey
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Human Rights Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: the European Convention on Human Rights; the Human Rights Act 1998; right to life and freedom from ill treatment; right to liberty and right to fair trial; right to family and private life; freedom of religion and expression; freedom of assembly and association; freedom from discrimination; and terrorism. This, the fourth edition, has been fully updated with all the recent developments in the law.
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1. Introduction to the Issues
This book focuses on the rules interfering with movement across EU Member States. This chapter places these rules in context. It discusses the importance of free trade; the different stages of integration; understanding the integration process; and the principles underpinning the common market.
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Marios Costa and Steve Peers
Now in its fifteenth edition, Steiner & Woods EU Law is regarded as a trusted EU law book. The book offers a careful blend of institutional and substantive coverage and focuses on explaining the law clearly, as well as raising areas for debate. Part I of the book charts a brief history of the development of the European Union and looks at the institutions of the Union, EU law and general principles of law. Part II provides a framework of enforcement and looks at remedies in national courts, state liability, preliminary references, direct action for annulment and union non-contractual liability. Part III considers the internal market, comprising harmonisation, customs union, free movement of goods and aspects of individuals’ free movement rights including citizenship, economic rights and social rights. It also introduces key principles relating to discrimination and competition policy. Finally, the book examines the legal issues raised by the controversial Brexit process.
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22. Discrimination
This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
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Margot Horspool, Matthew Humphreys, and Michael Wells-Greco
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.
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6. A fair cop? Policing and social justice
Benjamin Bowling, Robert Reiner, and James Sheptycki
This chapter examines fairness in policing with reference to issues of race and gender. It first defines the terms of debate—justice, fairness, discrimination—then considers individual, cultural, institutional, and structural theories and applies these to various aspects of policing. It considers the histories of police discrimination in relation to the policing of poverty, chattel slavery, racial segregation, colonialism, religious conflict, and ethnic minority communities, to understand their contemporary legacy. The chapter then examines spheres of police activity where allegations of unfairness and discrimination are particularly salient, including the response to women crime victims of rape and domestic violence, the use of ‘racial profiling’ in stop and search powers, and the use of deadly force. It examines the experiences of people from ethnic minorities, women, gay men, and lesbians within police forces. Through an exploration of the historical and contemporary literature, the chapter draws conclusions on whether or not the police act fairly in democratic societies.
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15. Ethnicities, racism, crime, and criminal justice
Coretta Phillips, Ben Bowling, and Alpa Parmar
Offending, victimization, policing, the work of the courts, and imprisonment are patterned by differences between different ethnic groups. This chapter explores these long-standing patterns and critically examines the reasons for the often uneasy and conflictual relationship between minority ethnic groups and agents of the criminal justice system. It also interrogates new manifestations of ethnic patterns in crime and the administration of justice, particularly those linked to the global issues of controlling migration and terrorism. Finally, the chapter considers how criminological scholarship has developed in this subfield of race, ethnicity, and crime.
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7. Ancillary rights
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses Convention rights that are considered ancillary by virtue of the fact that they do not in themselves establish any substantive human rights but are relevant to the way the substantive rights are put into effect. Specifically, the chapter discusses Article 14, which prohibits discrimination in the way Convention rights and freedoms are secured; Article 15, which allows states to derogate from their responsibilities under certain circumstances; Article 16, which allows states to restrict the political activities of aliens; Article 17, which authorises the ECtHR and national courts to refuse to uphold the rights of those who would use them to undermine the rights of others; and Article 18, which insists that rights and freedoms in the Convention can be restricted and qualified.
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9. Mental health, mental disabilities, and crime
Ailbhe O’Loughlin and Jill Peay
What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation, and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.
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