EU recognition of sharia divorce decrees: Sahyouni

Advocate General Henrik Saugmandsgaard Øe has issued his Opinion on a request for a preliminary ruling from the Oberlandesgericht München (Higher Regional Court of Munich) on the interpretation of Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the scope of the law applicable to divorce and legal separation. The case concerns recognition in Germany of a divorce decision adopted by a religious body in Syria [1 & 2]. Continue reading

Law and religion round-up – 27th August

“The (Great) Clock hath ceased to sound, The long day closes”

Henry Fothergill Chorley & Arthur Sullivan, (1868)

… but midday on 21st August had nothing to do with Brexit – or ecclesiastical law for that matter – unless it provides a segue into a reprise of one of our posts on bells, the closure of the Whitechapel bell foundry, or recent events at York Minster; Sullivan’s part-song The Long Day Closes had a degree of popularity at events of mourning, and was often sung at funerals of members of the D’Oyly Carte Opera Company. However, Frank’s And finally, below, places Monday’s media and political nonsense into context.

Brexit and the UK courts

On Wednesday, the Government published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union: we noted it briefly here.  The pledge to bring an end to “the direct jurisdiction of the Court” led critics to argue that the inclusion of the word “direct” leaves room for the CJEU to continue to influence UK jurisprudence. Tobias Lock has posted a helpful preliminary analysis on Verfassungsblog. Continue reading

The UK and the CJEU after Brexit

Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union. It begins

“1. In leaving the European Union, we will bring about an end to the direct jurisdiction of the Court of Justice of the European Union (CJEU)”

– which some critics claim is a “climb-down”, arguing that the word “direct” leaves room for the CJEU to continue to influence UK jurisprudence. Continue reading

Law and religion round-up – 9th April

“Egg-bound” thinking by Church and State this week…

… but un oeuf is un oeuf, and so no more egg-related puns. However, we certainly didn’t expect the CofE Easter story statement to be about the “Trinity of Chocolate” (Cadbury, Rowntree and Fry). It was left to Dr Michael Sadgrove, Dean Emeritus of Durham, to inject a degree of sanity into the Church’s position in his comments to the Church Times.

Gratefully accepting a gift-horse of a metaphor, the BHA described it as a storm in an eggcup; it was a gift to the cartoonists and bloggers, while Quakers might shed a silent tear for three businesses founded by Friends. Meanwhile, the willingness of Theresa May to wade into this media-generated nonsense emphasized her lack of action on weightier matters. David Tollerton, of Exeter University, suggests that the whole affair is redolent of “dog-whistle politics”: an undercooked mess that feeds English nationalism, while Esther McConnell, a direct descendant of John Cadbury, pointed out in a tweet that, as a Quaker, he didn’t celebrate Easter anyway.

A busy week in the courts Continue reading

Law and religion round-up – 2nd April

We managed to avoid initiating or endorsing “fake news” on April Fool’s Day…

…although we did enjoy Bishop Paul Bayes’ tweet: “Anglican news: Sodor & Man annexes @LivDiocese. Bp of Warrington invokes Article 50. @paulbayes flees, demands Methodist/CofE citizenship“. However, at L&RUK we will continue to report on issues relating to Brexit, which has tended to attract “fake news” and misinformation from both sides.

Talking of which … Brexit

The Brexit process began on Wednesday, when the UK Ambassador to the EU, Tim Barrow, handed over the Prime Minister’s formal letter of notification under Article 50 TEU to the President of the European Council. Continue reading

Law and religion round-up – 26th March

A week in which events were totally overshadowed by the attack in Westminster

A thoughtful consideration of those events from an insider’s point of view was presented by the Rt Revd Nick Baines, Bishop of Leeds, in his Yorkshire Post article From a Palace of democracy to an Abbey of prayer, the best and worst of humanity, written just two hours after the end of the lockdown of parliamentarians and others, who had been transferred to Westminster Abbey.

Progress on Brexit

Prior to the Commons consideration of the Pension Schemes Bill [Lords] and the subsequent adjournment and lockdown of the parliamentary estate, a first reading was given to Tim Farron’s Ten Minute Rule Bill, Terms of Withdrawal from the European Union (Referendum). A second reading was scheduled for Friday 12 May – although its chances of becoming law are zero. Continue reading

Law and religion round-up – 19th March

A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation… 

Brexit

As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.

Meanwhile in Scotland… Continue reading