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Article
Overview of recent cases before the European Court of Human Rights and the European Court of Justice (January-April 2010)
European Journal of Social Security (2010)
  • Mel Cousins, Glasgow Caledonian University
Abstract
In this review, we look at five recent decisions of the European Court of Justice and the European Court of Human Rights. The ECJ decided two interesting cases in the period, giving its first ruling on the IORP (Institutions for Occupational Retirement Provision) Directive (Directive 2003/41/EC) and a judgement on the interpretation of Regulation 881/2002 which gives effect to Resolution 1390 (2002) of the UN Security Council setting out measures against persons and entities associated with Osama bin Laden, Al-Qaeda and the Taliban. In Carson, the Grand Chamber of the Court of Human Rights upheld the decision of the Chamber but on somewhat different grounds. In addition, the Court – in the Zubczewski admissibility decision – considered the interesting issue of a reduction in social security entitlements on marriage. The case is interesting not so much for the decision itself – which lacks any serious engagement with the issue – but rather as an indication of the inadequate level of jurisprudence – and, by implication, respect for human rights – which is all too often seen in the Court’s rulings. These two decisions are rather worrying as in Carson the Grand Chamber appears to call into question the need to take into account the facts of individual cases in assessing proportionality, while Zubczewski is a case in which the Court simply ignores any assessment of proportionality. Finally in Aizpurua Ortiz the Court of Human Rights adopted its usual relaxed approach to national reforms whihc affect social security entitlements as possessions under P1-1.
Keywords
  • European Court of Justice,
  • European Court of Human Rights review of case law
Disciplines
Publication Date
2010
Citation Information
Mel Cousins. "Overview of recent cases before the European Court of Human Rights and the European Court of Justice (January-April 2010)" European Journal of Social Security Vol. 12 Iss. 2 (2010)
Available at: http://works.bepress.com/mel_cousins/55/