Each month, the In Focus section features in-depth articles on a variety of topics. We usually invite external contributors to provide views from many different organisations.
The area of Justice and Home Affairs presents distinctive challenges in light of Brexit, as the UK’s current participation in EU information sharing mechanisms is fairly patchy. Instruments such as the European Arrest Warrant and participation in judicial and police cooperation are of great importance to the legal profession and the impact of Brexit in these areas has not yet been considered fully.
The Charter of Fundamental Rights of the EU (the Charter) brought together the rights protected under EU law in a single document. It reaffirmed the rights and principles that already existed in EU law and was given legal effect by the Lisbon Treaty on its entry into force in December 2009. Article 6(1) Treaty on European Union (TEU) provides for the Charter to have the same legal status as the EU Treaties.
Civil society organisations (“CSO”) in the EU play a crucial role in promoting fundamental rights. The EU Agency for Fundamental Rights (“EUAFR”) cooperates and consults with such organisations, with recent findings showing that they are struggling more and more to make in impact within the Union, due to both legal and practical constraints. In January 2018, citing the purported lack of data and research of the nature of different challenges in EU member states, the EUAFR ...
All Europeans are entitled to the right to freedom and expression under the EU’s Charter of Fundamental Rights. Article 11 states that “Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
Free movement of people - alongside free movement of goods, services and capital - is one of the four founding principles of the European Union. It gives all citizens of EU countries the right to travel, live and work wherever they wish within the EU. In certain circumstances individuals have a right to residence, and in even more limited circumstances, they have access to the welfare system of the country they have moved to.
On 15 December 2017, the European Council found that ‘sufficient progress’ had been made in the Brexit negotiations such that talks could progress to second phase in the new year. On 20 December 2017 the European Commission published a first draft of the EU’s negotiating directives for the next phase.
Maria Masi, academic and teacher at the University Parthenope of Naples discusses the landscape of women’s access to justice in Italy
Trainee secondee Harriet Diplock discusses the representation of women in the legal sector across Europe
The Law Societies' Brussels Office monitors developments and represents the profession in negotiations with the European institutions.