Category: Human Rights

Matthews, Regina (on the Application of) v Employment Tribunal: Admn 6 Dec 2004

The applicants sought to challenge the practice of employment tribunals not to record their proceedings. They wished to allege perjury by a witness but had found that no prosecution would flow without a record.
Held: the application for judicial review was unarguable and failed. ‘Article 6 requires that the claimant should have had a full and public fair hearing, where his rights were in issue, as they were. The absence of recording equipment is, however, entirely irrelevant to whether the hearing itself is fair or not. ‘

Judges:

Hughes J

Citations:

[2004] EWHC 3385 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 6

Jurisdiction:

England and Wales

Employment, Litigation Practice, Human Rights

Updated: 17 October 2022; Ref: scu.226936

Centraal Israeliitisch Consistorie Van Belgie and Others (Protection of Animals At The Time of Killing – Obligation To Stun Animals Before They Are Killed – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – Article 26(2) – Power of Member States to adopt national rules aimed at ensuring more extensive protection of animals in the case of ritual slaughter – Interpretation – National legislation requiring, in the case of ritual slaughter, stunning which is reversible and cannot cause death – Article 13 TFEU – Charter of Fundamental Rights of the European Union – Article 10 – Freedom of religion – Freedom to manifest religion – Limitation – Proportionality – Lack of consensus among the Member States of the European Union – Discretion afforded to Member States – Principle of subsidiarity – Validity – Differing treatment of ritual slaughter and the killing of animals during hunting or recreational fishing activities and cultural or sporting events – No discrimination – Articles 20, 21 and 22 of the Charter of Fundamental Rights

Citations:

ECLI:EU:C:2020:1031, [2021] WLR(D) 3, C-336/19, [2020] EUECJ C-336/19

Links:

WLRD, Bailii

Jurisdiction:

European

Animals, Human Rights

Updated: 17 October 2022; Ref: scu.660702