This post constitutes the latest in a series of blog posts reflecting on the skilled nature of work. In previous posts, I have argued that work is best characterised as skilled productive activity; that the right to work must be understood as the most fundamental right relating to work; and that an important derivative right…

The recent case of FCO and others v Bamieh [2019] EWCA Civ 803 in the Court of Appeal considered a particular aspect of the extra-territorial application of the Employment Rights Act 1996 (“ERA”), namely whether whistleblowing provisions could apply in respect of co-workers employed by the UK government but seconded to the international European Union…

The Regulation establishing the European Labour Authority (‘ELA’) was recently adopted by the European Parliament and the Council and will shortly come into force. It is expected that the ELA will be up and running by the autumn. The ELA is one of many measures which are being introduced as a result of the European…

Please find below the abstract of “Brexit Trade Impacts’ and Mercosur’s Negotiations with Europe” by Julio J. Nogués, published in Journal of World Trade, Issue 3, Volume 53 (2019) edited by Edwin Vermulst. We estimate that a hard Brexit (HB) would reduce UK agro-industrial-imports from the EU by around 50%. Following the dismantling of the…

Last week the Dutch government made international headlines with its share acquisition in Air France-KLM Holding (increasing its stake to 14%). According to the Dutch government the acquisition was justified to have a seat at the table when it comes to the role of the Netherlands (read Schiphol) as an aviation hub to protect the…

The law of obligations and SMEs With its first released decision of 2019, the Ontario (Canada) Court of Appeal added itself to the growing list of Uber litigation Heller v Uber Technologies Inc 2019 ONCA 1. Most often, Uber drivers challenge their employment status. Largely, courts have found against Uber; drivers fall into some aspect…

Please find below the abstract of “Future Partnership in EU–UK Cross-Border Civil Judicial Cooperation” by Zheng Sophia Tang, published in European Foreign Affairs Review, Issue 4, Volume 23 (2018) edited by Jörg Monar and Nanette Neuwahl. In the past forty years, the EU has established a very successful and effective civil judicial cooperation scheme that…

Please find below the abstract of “The Criminal Provisions of German and UK Export Control and Sanctions Law” by Malte Wilke & Hinrich Rüping, published in Global Trade and Customs Journal, Issue 1, Volume 14 (2019) edited by Jeff Snyder. Germany and the UK have been among the strongest supporters of a liberal trade policy…

AS THE confusion continues over whether the UK’s exit from the EU will be “hard”, “soft” or “just right”, HM Revenue & Customs (HMRC)has announced certain goods entering Britain from the EU will be allowed through without checks or payment of duty for a temporary period. This approach is consistent with promises from the UK…

Introduction In June 2018, I presented a paper on ‘Trade in Services, Migration and Recognition of Professional Qualifications post-Brexit’ (draft available here) at the third Radboud Economic Law Conference, ‘Upgrading Trade and Services in EU and International Economic Law’.  At the time, my interim conclusion (summarised in a blog post here) was that the ideal…

While the eventual outcome of the UK’s withdrawal from the EU remains uncertain, the text of the Withdrawal Agreement (WA) offers some insight into the likely approach of the EU to labour standards in any future EU-UK relationship. The WA was accompanied by a Political Declaration on the Future Relationship. In relation to social and…

While there has recently been significant commentary on Chain of Responsibility under the Heavy Vehicle National Law and transport of goods by road the most common manner of importing and exporting goods to and from Australia is by sea. While carriage by sea meets practical requirements of importing and exporting it does carry inherent risk….

On 19 October 2018, the European Commission concluded three agreements with Singapore that will govern the relations between the two markets.[1] In particular, the EU-Singapore Investment Protection Agreement EUSIPA, a mixed agreement that needs to be ratified not only by the European Parliament but also by each Member State, provides for substantive protection standards as…

The European Union’s (EU) political and economic achievements are impressive. It has helped to keep the peace in Europe after the horrors of two 20th century world wars; promoted democracy; established good governance standards; and expanded trade. Recent years, however, have been unkind to the EU project due to bad decisions and bad luck. First,…

A recent ruling about electronic invoicing talks about the risks of collecting very large volumes of data under the EU’s General Data Protection Regulation (“GDPR”). For the first time, the Italian Data Protection Authority (“DPA”) used the general warning powers granted by the GDPR. It did so to prevent the National Revenue Agency from interfering too much with citizens’…

Please find below the journal abstract of “VAT and Brexit: The Past, Present and Future” by Jeremy Cape, published in  EC Tax Review, Volume 27, Issue 6, edited by B. J. Kiekebeld Exact science rarely emerges during times of febrile political discourse such as that currently revolving around the withdrawal of the UK from the EU….

Source: M People, Moving on Up music video. Copyright 1993 Sony Music BMG I. Introduction “You’ve done me wrong, your time is up You took a sip from the devil’s cup You broke my heart, there’s no way back Move right out of here, baby, go on pack your bags” M People, ‘Moving on Up’…

Speaking today on the centre stage at the Web Summit in Lisbon, and introduced as the “most important woman in the world for tech”, I heard today from EU Competition Commissioner Margrethe Vestager, who emphasised the role of technology players in promoting fairness, privacy and democracy. Consistent with the “fair play in tech” message she…

Source: https://www.reuters.com The legal position of the UK within the WTO is not in doubt: the UK has always been a full Member of the WTO and will remain so post-Brexit – the problem lies in determining the exact terms and conditions of its membership. It is unlikely that any issues will arise regarding the…