NOTES: Public Law, EC Law and the Qualifying Period for Unfair Dismissal

as part of a drive to deliver better government, ireland's unfair dismissals acts 1977–2001 are about to be extended to civil servants. the civil service (regulation) bill 2004 when enacted will apply the statutory code of unfair dismissal to thousands of officers whose remedies previously lay exclusively in public law. while preserving the principle that civil servants hold office at the will and pleasure of the government, the bill provides for the delegation of power in this respect from the government to ministers and to secretaries general. mary redmond, consultant solicitor at arthur cox considers the practical and, above all the legal implications of this stepchange.

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EC Law, UK Public Law and The Human Rights Act 1998: A New Integrative Dynamic?

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000003451 ◽

1999 ◽

Vol 2 ◽

pp. 417-437

Author(s):

Gordon Anthony

Keyword(s):

Public Law ◽

Legal Order ◽

National Courts ◽

General Terms ◽

European Court ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Law ◽

Ec Law ◽

The Relationship

The process of European legal integration has long been understood to engage the workings of domestic legal orders, EC law and, to a lesser extent, the law of the ECHR. In general terms, the relationship between these bodies of law has been characterised as involving the direct and indirect interchange of principle and practice across jurisdictions. An example of direct interchange is found in the EC law requirement that national courts give effect to rules emanating from the EC legal order in all cases raising EC law issues. The indirect form occurs in disputes which do not raise EC law issues but which see national courts voluntarily borrow from their experience within the EC legal order by way of developing the domestic legal system. Likewise, national courts and the European Court of Justice have relied upon the law of the ECHR, a “foreign” body of rules, in developing their respective legal orders.

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EC Law, UK Public Law and The Human Rights Act 1998: A New Integrative Dynamic?

Cambridge yearbook of European legal studies ◽

10.5235/152888712802815707 ◽

1999 ◽

Vol 2 ◽

pp. 417-437 ◽

Cited By ~ 1

Author(s):

Gordon Anthony

Keyword(s):

Public Law ◽

Legal Order ◽

National Courts ◽

General Terms ◽

European Court ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Law ◽

Ec Law ◽

The Relationship

The process of European legal integration has long been understood to engage the workings of domestic legal orders, EC law and, to a lesser extent, the law of the ECHR. In general terms, the relationship between these bodies of law has been characterised as involving the direct and indirect interchange of principle and practice across jurisdictions. An example of direct interchange is found in the EC law requirement that national courts give effect to rules emanating from the EC legal order in all cases raising EC law issues. The indirect form occurs in disputes which do not raise EC law issues but which see national courts voluntarily borrow from their experience within the EC legal order by way of developing the domestic legal system. Likewise, national courts and the European Court of Justice have relied upon the law of the ECHR, a “foreign” body of rules, in developing their respective legal orders.

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Proportionality in Sweden: The Influence of European Law

Nordic Journal of International Law ◽

10.1163/157181006779139410 ◽

2006 ◽

Vol 75 (3-4) ◽

pp. 451-472

Author(s):

Xavier Groussot

Keyword(s):

Judicial Review ◽

Environmental Law ◽

Public Law ◽

European Convention ◽

Tax Law ◽

National Courts ◽

Principle Of Proportionality ◽

The Individual ◽

Ec Law ◽

Judicial Protection

AbstractThe principle of proportionality constitutes a complex principle that could be seen as the keystone of the general principles of Community law and ECHR. The aim of this article is to demonstrate the influence of European Community (EC) law and the European Convention of Human Rights (ECHR) on the definition and application of the principle of proportionality in Swedish public law from 1996 to 2006. The Supreme Administrative Court has given some indications as to the application of the principle of proportionality, notably as to the importance of the balancing of interests. Interestingly, this Court has also been proactive as to the application of the principle of proportionality in internal law, e.g. concerning environmental law, tax law, administrative licenses. Moreover, the principle has influenced national legislation in many fields. It is argued, finally, that these jurisprudential and legislative developments increase the judicial protection of the individual and also modifies the structure of traditional judicial review by attributing a new role to Swedish national courts.

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