To read the full article please click here.
Professor Panos Koutrakos – International and Comparative Law Quarterly
Professor Panos Koutrakos‘ article – “Judicial Review in the EU’s Common Foreign and Security Policy”, opens the latest issue of International and Comparative Law Quarterly (67(1), 1-35).
Abstract
The EU’s Common Foreign and Security Policy (CFSP) was conceived of as an area ill-suited for full judicial review by the Court of Justice of the European Union. The Lisbon Treaty confers on the Court limited jurisdiction which the recent case law has interpreted in broad terms. This article will place this case law in the broader constitutional setting of the EU legal order and will provide a critical analysis of its implications for both the EU’s and domestic courts. The analysis is structured on the basis of three main themes. The first is about the position of CFSP in the EU’s constitutional architecture: the article will analyse the constitutional ambivalence that characterizes this position and how it is conveyed by the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union governing the Court’s jurisdiction. The second theme is about the recent case law, and the integrationist approach that the Court of Justice has adopted to the scope of its jurisdiction. The third theme is about national courts: the article will argue that recent case law has been too quick to dismiss them, and that primary law renders them an essential part of the judicial review system governing CFSP.
To access the article please click here.
George Peretz QC quoted in PaRR
George Peretz QC quoted in “UK raid warrant challenge ruling could exert ‘chilling effect’ on CMA – lawyers” (24 November 2017) and “EFTA Court president touts UK ‘docking’ to courtas post-Brexit dispute mechanism” (27 November 2017).
To read the articles please click here.
George Peretz QC – UK Trade Forum blog
TRADE DEFENCE INSTRUMENTS: A BRIEF INTRODUCTION
TRADE DEFENCE INSTRUMENTS: ISSUES FOR THE UNITED KINGDOM POST-BREXIT
The UKTF is an independent and non-partisan group of trade policy experts from various backgrounds – law, civil service, journalism, academia, civil society – committed to improving the quality of public debate about international trade and investment policy in the United Kingdom. George Pertetz QC and Tom Sebastian are on the steering committee.
Kassie Smith QC – GCR Live – 6th October 2017
Speaking at GCR Live London, Kassie Smith QC of Monckton Chambers said there was a need for certainty about whether English judgments would still be enforceable in the rest of Europe once Brussels’ “Recast” rules, which ensure judgments between EU members states are recognised and enforced, fall away after Brexit. To read the full reportage by Hettie O’Brien, click here.
George Peretz QC – Tax Journal – An end to the ‘direct jurisdiction’ of the CJEU: ‘red line’ or pink blur?
14 September – Tax Journal – in this article George Peretz QC explains why, even post-Brexit, the CJEU is likely to remain a highly relevant source of case law in the UK tax world for the indefinite future.Read article here. Full content is only available to Tax Journal subscribers.
Peter Oliver, Radio 4’s the Today programme
Peter Oliver spoke on the Today programme on BBC radio 4 briefly explaining the ruling of the Court of Justice of the EU in Cassis de Dijon which helped define the Single Market.
To listen to the full programme please click here.
Anneli Howard in Practical law: European Union (Withdrawal) Bill 2017-19
In this 42-minute video, Anneli Howard examines the contents and implications of the European Union (Withdrawal) Bill 2017-19; formerly referred to as the Great Repeal Bill.
To access full video please click here.
The Times – Grenfell: the legal tasks ahead – Michael Bowsher QC comments on the procurement law aspects
Public Procurement and Construction law specialist Michael Bowsher QC contributed to today’s article in The Times, written by Jonathan Ames which envisages that procurement law specialists will also be involved in the inquiry to the tragedy:
“Michael Bowsher, QC, of Monckton Chambers, acknowledges that discussion is speculative at present, but highlights several likely issues. The inquiry and lawyers involved in any subsequent legal action on behalf of residents will want to investigate the contractual arrangements for the tower’s management and whether there were any financial incentives for “key performance indicators”.
Subscribers to the Times can read the full article here.
Practical Law – Public Sector Blog: In the aftermath of the Grenfell Tower disaster Michael Bowsher QC asks “Are procurement and construction processes fit for purpose?
To read Practical Law – Public Sector Blog please click here.