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FAQ: Brexit and the EU Charter of Fundamental Rights
FAQ: Brexit and the EU Charter of Fundamental Rights Part One: What is the Charter? June 2018 Contents Q: What is the EU Charter of Fundamental Rights? A: At the Cologne European Council in June 1999, the European Council adopted a decision on the drawing up of a Charter of The EU Charter of Fundamental Rights of the EU. That decision stated: Fundamental Rights brings together in a single “There appears to be a need, at the present stage of the Union’s document the fundamental development, to establish a Charter of fundamental rights in rights protected in the order to make their overriding importance and relevance more EU. It was proclaimed in visible to the Union’s citizens”. 2000 and became legally binding in 2009. Although The EU Charter of Fundamental Rights (the Charter) brings together in a there is overlap between single document the fundamental rights protected in the EU. The Charter the EU Charter and the sets out rights and freedoms under six titles: Dignity, Freedoms, Equality, European Convention on Solidarity, Citizens’ Rights, and Justice. The accompanying Explanatory Human Rights / the UK Notes are “a valuable tool of interpretation intended to clarify the Human Rights Act, there are important procedural provisions of the Charter” and they set out the sources of the provisions and substantive differences. in the Charter. However, legal experts have commented that, “The Charter is often described as a strand-tying document … However, the This FAQ discusses: characterisation of the Charter thus, as a tidying or strand-tying exercise only, tends to underplay its importance” (C Gallagher, A Patrick and K • The background to O’Byrne 2018 at para 2.12). -
Northern Ireland Prepared by Lex Mundi Member Firm, Arthur Cox
Guide to Doing Business Northern Ireland Prepared by Lex Mundi member firm, Arthur Cox This guide is part of the Lex Mundi Guides to Doing Business series which provides general information about legal and business infrastructures in jurisdictions around the world. View the complete series at: www.lexmundi.com/GuidestoDoingBusiness. Lex Mundi is the world’s leading network of independent law firms with in-depth experience in 100+ countries. Through close collaboration, our member firms are able to offer their clients preferred access to more than 21,000 lawyers worldwide – a global resource of unmatched breadth and depth. Lex Mundi – the law firms that know your markets. www.lexmundi.com Lex Mundi: A Guide to Doing Business in Northern Ireland. Prepared by Arthur Cox Updated June 2016 This document is intended merely to highlight issues for general information purposes only. It is not comprehensive nor does it provide legal advice. Any and all information is subject to change without notice. No liability whatsoever is accepted by Arthur Cox for any action taken in reliance on the information herein. LEX MUNDI: A GUIDE TO DOING BUSINESS IN NORTHERN IRELAND, PREPARED BY ARTHUR COX PAGE 2 Contents I. THE COUNTRY AT-A-GLANCE ............................................................................................................. 4 A. What languages are spoken? ............................................................................................................................................................ 4 B. What is the exchange -
Brexit Update Research Briefing
National Assembly for Wales Senedd Research Brexit Update Research Briefing September 2018 www.assembly.wales/research The National Assembly for Wales is the democratically elected body that represents the interests of Wales and its people, makes laws for Wales, agrees Welsh taxes and holds the Welsh Government to account. An electronic copy of this document can be found on the National Assembly website: www.assembly.wales/research Copies of this document can also be obtained in accessible formats including Braille, large print, audio or hard copy from: Research Service National Assembly for Wales Tŷ Hywel Cardiff Bay CF99 1NA Tel: 0300 200 6219 Email: [email protected] Twitter: @SeneddResearch Blog: SeneddResearch.blog © National Assembly for Wales Commission Copyright 2018 The text of this document may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading or derogatory context. The material must be acknowledged as copyright of the National Assembly for Wales Commission and the title of the document specified. National Assembly for Wales Senedd Research Brexit Update Research Briefing September 2018 Author: Nigel Barwise Date: 17 September 2018 Paper number: 18-049 www.assembly.wales/research Research Briefing: Brexit Update Contents Introduction..........................................................................................1 Developments in Wales.................................................................... 2 National Assembly for Wales -
Northern Ireland Office
Northern Ireland Office Introduction This Supplementary Estimate is required for the following purposes: £ Changes in budgets, Increases Reductions Total non-budget voted provision and cash (Section A) Budget Reclassification of Resource DEL to Capital DEL -125,000 (Section A) Transfer to Northern Ireland Executive Enterprise Shared Service Centre -14,000 (Section A) Transfer to Cabinet Office -119,000 (Section A) Transfer from Northern Ireland Executive for admin support 1,000 (Section A) Reserve Claim to fund Additional administrative pressures 3,543,000 (Section A) Reserve Claim to fund Additional recruitment 1,850,000 (Section A) Reserve Claim for operational contingency funding 800,000 (Section A) Reserve Claim for additional pressures from EU Exit & political impasse 1,000,000 (Section D) Reserve Claim to fund Independent Reporting Commission 420,000 Total change in Resource DEL (Voted) 7,614,000 -258,000 7,356,000 (Section E) Reserve Claim to fund General Election 4,569,000 Total change in Resource DEL (Non-Voted) 4,569,000 4,569,000 (Section F) AME provisions for legal cases 1,000,000 Total change in Resource AME (Voted) 1,000,000 1,000,000 (Section A) Budget Reclassification of Resource DEL to Capital DEL 125,000 (Section A) Reserve Claim to fund additional capital pressures 450,000 Total change in Capital DEL (Voted) 575,000 575,000 (Section F) Increase in the grant to the Northern Ireland Consolidated Fund 890,140,000 Total change in Non-Budget 890,140,000 890,140,000 Revisions to the Net Cash Requirement reflect changes to resources and capital as set out above. -
The Perilous Dialogue
The Perilous Dialogue Laura K. Donohuet Five months before his retirement, Justice William Brennan wrote in a dissent: "the Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be pre-existing."1 Professor Stephen Holmes reminds us in his lecture that such rights and liberties do not impede progress: they embody it. 2 The rules preserving rights and liberties can help to focus action by bringing clarity to the present, while still preserving a long- term political perspective. Yet, time and again, both these rights and the rules designed to protect them are sacrificed in the name of national security. The master metaphor in each sacrifice is, indeed, "security or freedom," and it is on this metaphor that I would like to focus. It dominates the counterterrorist discourse both in the United States and abroad.3 Transcripts from debates in Ireland's Ddil 1tireann, Turkey's Bilyilk Millet Meclisi, and Australia's Parliament are filled with reference to the need to weigh the value of liberty against the threat posed by terrorism. Perhaps nowhere is this more pronounced than in the United Kingdom, where, for decades, counterterrorist debates have turned on this framing. 4 However, owing in part to different Copyright © 2009 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t Fellow, Constitutional Law Center, Stanford Law School. Special thanks to the Brennan Institute for their invitation to participate in the series, to Stephen Holmes and Paul Schwartz for their comments at the lecture, and to Aaron Gershbock at the California Law Review for his excellent editorial assistance. -
Twenty Years of the Human Rights Act: Extracts from the Evidence Contents
Rt Hon Harriet Harman MP Twenty years of the Human Rights Act: Extracts from the evidence Contents 1 ECtHR Judgments against the UK: the effects of the HRA 2 2 Relationship of UK Courts and ECtHR 4 3 Using the ECHR in the UK courts 5 4 Judgments on rights 7 5 Wider policy changes brought about through individual legal cases 8 6 The Human Rights Act and Parliament 9 7 The Human Rights Act and Legislation 11 Parliamentary scrutiny of legislation 12 The process when UK courts consider legislation is not compliant with the Convention 12 8 Section 6 of the Human Rights Act 14 Change secured without using court proceedings 15 Training in Human Rights 16 9 Further issues raised in evidence 18 Incorporation of other human rights treaties? 18 The definition of public authority 18 Access to justice 19 Freedom of Religion and Belief 20 Wider Understanding of Rights 21 2 Twenty years of the Human Rights Act: Extracts from the evidence 1 ECtHR Judgments against the UK: the effects of the HRA Box 1: Lord Irvine of Lairg, House of Lords Second Reading Debate, 3 Nov 1997 “Our legal system has been unable to protect people in the 50 cases in which the European Court has found a violation of the convention by the United Kingdom. That is more than any other country except Italy. The trend has been upwards. Over half the violations have been found since 1990.”1 Source: HL Deb, 3 Nov 1997, col 1228 Box 2: Bingham Centre for the Rule of Law […] In 2017 only 0.2%, 2 out of all 1,068 judgments given by the Strasbourg Court found a violation by the UK, and in 2016 this figure was 0.7%, 7 out of all 993 judgments. -
Oecd Project
Improving School Leadership Activity Education and Training Policy Division http://www.oecd.org/edu/schoolleadership DIRECTORATE FOR EDUCATION IMPROVING SCHOOL LEADERSHIP COUNTRY BACKGROUND REPORT FOR NORTHERN IRELAND May 2007 This report was prepared for the OECD Activity Improving School Leadership following common guidelines the OECD provided to all countries participating in the activity. Country background reports can be found at www.oecd.org/edu/schoolleadership. Northern Ireland has granted the OECD permission to include this document on the OECD Internet Home Page. The opinions expressed are not necessarily those of the national authority, the OECD or its Member countries. The copyright conditions governing access to information on the OECD Home Page are provided at www.oecd.org/rights 1 OECD Report – Improving School Leadership Northern Ireland R J FitzPatrick - 2007 IMPROVING SCHOOL LEADERSHIP – COUNTRY BACKGROUND REPORT (NORTHERN IRELAND) CONTENTS Page 1. NATIONAL CONTEXT (Northern Ireland) 4 1.1 Introduction 4 1.2 The Current Economic and Social Climate 4 1.3 The Northern Ireland Economy 4 1.4 Society and Community 5 1.5 Education as a Government Priority for Northern Ireland 6 1.6 Priorities within Education and Training 7 1.7 Major Education Reforms 8 1.8 Priority Funding Packages 9 1.9 Early Years 10 1.10 ICT 10 1.11 Special Educational Needs and Inclusion 10 1.12 Education and Skills Authority 10 1.13 Targets and outcomes for the Education System 11 1.14 Efficiency 11 2. THE SCHOOL SYSTEM AND THE TEACHING WORKFORCE 13 -
Human Rights Act 1998
Changes to legislation: There are currently no known outstanding effects for the Human Rights Act 1998. (See end of Document for details) Human Rights Act 1998 1998 CHAPTER 42 An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. [9th November 1998] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Extent Information E1 For the extent of this Act outside the U.K., see s. 22(6)(7) Modifications etc. (not altering text) C1 Act: certain functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 5 C2 Act (except ss. 5, 10, 18, 19 and Sch. 4): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by S.I. 2003/1887, art. 4, Sch. 1 C3 Act modified (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(8), 9(3) C4 Act modified (31.12.2020) by European Union (Withdrawal) Act 2018 (c. -
THE CASE for CHANGE a Review of Pakistan’S Anti-Terrorism Act of 1997
THE CASE FOR CHANGE A Review of Pakistan’s Anti-Terrorism Act of 1997 October 2013 A Report by the Research Society of International Law, Pakistan i PROJECT RESEARCHERS ISLAMABAD DIVISION Jamal Aziz Muhammad Oves Anwar LL.B (London), LL.M (UCL) LL.B (London), LL.M (SOAS), LL.M (Vienna), D.U. (Montpellier) Saad-ur-Rehman Khan Abid Rizvi LL.B (London), LL.M (Manchester) BA-LL.B (LUMS), LL.M (U.Penn) Aleena Zainab Alavi Zainab Mustafa LL.B (London), LL.M (Warwick) LL.B (London) LAHORE DIVISION Ali Sultan Amna Warsi J.D. (Virginia) LL.M (Punjab) Ayasha Warsi Moghees Khan LL.M (Punjab) LL.B (London), LL.M (Warwick) Mishael Qureshi LL.B (Lond.), LL.M (Sussex) INTERNS Muhammad Bin Majid Muhammad Abdul Ghani Awais Ahmad Khan Ghauri This material may not be copied, reproduced or transmitted in whole or in part without attribution to the Research Society of International Law (RSIL). Unless noted otherwise, all material is property of RSIL. Copyright © Research Society of International Law 2013. ii CONTENTS SUMMARY OF RECOMMENDATIONS .......................................................................................... IX CHAPTER ONE ....................................................................................................................................... 7 TERRORISM IN THE PAKISTANI CONTEXT .................................................................................. 7 1.1 TRENDS IN TERRORISM ........................................................................................................... 7 1.2 THE ANATOMY OF TERRORISM -
Policing Terrorism
Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel Policing Terrorism A Review of the Evidence Darren Thiel © 2009: The Police Foundation All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, without the prior permission of The Police Foundation. Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author and do not necessarily reflect the views of the Police Foundation. Enquires concerning reproduction should be sent to The Police Foundation at the address below. ISBN: 0 947692 49 5 The Police Foundation First Floor Park Place 12 Lawn Lane London SW8 1UD Tel: 020 7582 3744 www.police-foundation.org.uk Acknowledgements This Review is indebted to the Barrow Cadbury Trust which provided the grant enabling the work to be conducted. The author also wishes to thank the academics, researchers, critics, police officers, security service officials, and civil servants who helped formulate the initial direction and content of this Review, and the staff at the Police Foundation for their help and support throughout. Thanks also to Tahir Abbas, David Bayley, Robert Beckley, Craig Denholm, Martin Innes and Bob Lambert for their insightful, constructive and supportive comments on various drafts of the Review. Any mistakes or inaccuracies are, of course, the author’s own. Darren Thiel, February 2009 Contents PAGE Executive Summary 1 Introduction 5 Chapter -
Read the Full PDF
Safety, Liberty, and Islamist Terrorism American and European Approaches to Domestic Counterterrorism Gary J. Schmitt, Editor The AEI Press Publisher for the American Enterprise Institute WASHINGTON, D.C. Distributed to the Trade by National Book Network, 15200 NBN Way, Blue Ridge Summit, PA 17214. To order call toll free 1-800-462-6420 or 1-717-794-3800. For all other inquiries please contact the AEI Press, 1150 Seventeenth Street, N.W., Washington, D.C. 20036 or call 1-800-862-5801. Library of Congress Cataloging-in-Publication Data Schmitt, Gary James, 1952– Safety, liberty, and Islamist terrorism : American and European approaches to domestic counterterrorism / Gary J. Schmitt. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-8447-4333-2 (cloth) ISBN-10: 0-8447-4333-X (cloth) ISBN-13: 978-0-8447-4349-3 (pbk.) ISBN-10: 0-8447-4349-6 (pbk.) [etc.] 1. United States—Foreign relations—Europe. 2. Europe—Foreign relations— United States. 3. National security—International cooperation. 4. Security, International. I. Title. JZ1480.A54S38 2010 363.325'16094—dc22 2010018324 13 12 11 10 09 1 2 3 4 5 6 7 Cover photographs: Double Decker Bus © Stockbyte/Getty Images; Freight Yard © Chris Jongkind/ Getty Images; Manhattan Skyline © Alessandro Busà/ Flickr/Getty Images; and New York, NY, September 13, 2001—The sun streams through the dust cloud over the wreckage of the World Trade Center. Photo © Andrea Booher/ FEMA Photo News © 2010 by the American Enterprise Institute for Public Policy Research, Wash- ington, D.C. All rights reserved. No part of this publication may be used or repro- duced in any manner whatsoever without permission in writing from the American Enterprise Institute except in the case of brief quotations embodied in news articles, critical articles, or reviews. -
A Decade of Australian Anti-Terror Laws
A DECADE OF AUSTRALIAN ANTI-TERROR LAWS GEORGE WILLIAMS* [This article takes stock of the making of anti-terror laws in Australia since 11 September 2001. First, it catalogues and describes Australia’s record of enacting anti-terror laws since that time. Second, with the benefit of perspective that a decade brings, it draws conclusions and identifies lessons about this body of law for the Australian legal system and the ongoing task of protecting the community from terrorism.] CONTENTS I Introduction ..........................................................................................................1137 II Australia’s Anti-Terror Laws ................................................................................1139 A Number of Federal Anti-Terror Laws ......................................................1140 1 Defining an Anti-Terror Law ......................................................1141 2 How Many Anti-Terror Laws? ....................................................1144 B Scope of Federal Anti-Terror Laws .........................................................1146 1 The Definition of a ‘Terrorist Act’ ..............................................1146 2 Offence of Committing a ‘Terrorist Act’ and Preparatory Offences ......................................................................................1146 3 Proscription Regime ....................................................................1147 4 Financing Offences and Regulation ............................................1147 (a) Offences ..........................................................................1147