Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
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Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords
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Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
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9. EU law
This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and concludes by considering the likely enduring impact of EU law following Brexit, as well as the Northern Ireland Protocol.