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Promoting the Use of Recycled Plastics: A Taxing Issue
No full textPlastics have become an indispensable part of our daily lives. From food packaging to advanced medical applications, life in the 21st century would not be the same without them. The exponential increase in the production and use of plastics does, however, have significant negative environmental impacts that range from emissions and other pollution associated with the production of plastic, through to the impacts of improper disposal and direct leakage on the environment. The plastic packaging tax (PPT) was introduced in the UK in 2022, with the aim of providing a clear incentive for businesses to enhance a circular plastics economy by using recycled materials in production processes, as well as to motivate businesses to consider climate impact at every stage of the product lifecycle. This paper exposes some of challenges associated with the application of the PPT while proposing several policy options as to how to best address these challenges
Right to paid annual leave: The Cour de cassation recognized the direct horizontal effect of Article 31(2) of the EU Charter and strengthened the protection of employees’ rights Case note to Cases n° 22-17.340 Société Transdev , n° 22-17.638 M. V.B. , n°22-11.106 Institut national des formations notariales
No full textThe French judicial court has operated an important reversal of its case law with three judgments of the 13 of September 2023. For the first time, the Cour de cassation decided to apply Article 31 (2) of the Charter of Fundamental Rights, enshrining the right to paid annual leave, in a horizontal litigation by following the Bauer judgment of the Court of Justice. But this was not the only change that the Cour de cassation made with its rulings of 2023. In fact, it adopted an extensive conception of the right to annual leave by following again the case law of the Court of Justice. This reversal of the French case law was so important that it provoked a legislative amendment of the problematic provisions of the French Labour Code. A trialogue between the Court of Justice, the Cour de cassation and the French legislature permitted thus a better protection of this fundamental social right of employees in France. The decision of the Conseil constitutionnel that followed in 2024, which continued to adopt a restrictive approach of the constitutional right to paid leave, illustrated the added-value of Article 31(2) of the Charter and the importance of the three judgments of the Cour de cassation in 2023
On borrowed time: Challenging deliberate government delay in visa and citizenship processing
No full textDelay is a common feature across the migration system. Rarely accidental, it is used by government as a tool to control migration outcomes, informally cap visa numbers, deter asylum seekers, limit employment options and extend periods of detention. This article charts the role of delay in contexts including character assessments, permanency for skilled workers, family reunion and citizenship. It highlights the secondary purposes that delays often serve, and the outcomes of previous legal challenges. While accountability can be sought through litigation or collective action, ultimately government must stop treating its obligation to process visas within a reasonable time as optional
Misrepresentation and Sexual Consent: Lessons from the Law of Contract
No full textMuch has been written in support of the criminalisation of the dishonest inducement of sexual consent, but existing proposals for criminalisation have been subject to numerous powerful criticisms, including the absurdity of criminalising ‘trivial’ deceptions, the undue impingement on the right to privacy, and accusations of excessive moralism. The aim of this article is to propose a new model for the criminalisation of the dishonest inducement of sexual consent based upon the contract law doctrine of misrepresentation – the Misrepresentation Model for Sexual Consent – that addresses, or at least mitigates the force of, some of the most common and potent criticisms levied against the existing proposals for criminalisation. The strengths of the Misrepresentation Model for Sexual Consent will be shown by comparing the Misrepresentation Model for Sexual Consent against Professor Jonathan Herring's much-debated model. Further, in conceptualising and defending the Misrepresentation Model for Sexual Consent, this article will demonstrate that there is much to be gained for the development of criminal law by drawing lessons from private law
Changing the Law on Intimate Image Abuse: A New Paradigm for Image-Based Domestic Abuse
No full textWhilst the disclosure of private sexual images without consent was first criminalised by s. 33 of the Crime and Courts Act 2015, there remain significant gaps in the legislative framework. This is particularly true in relation to ‘image-based domestic abuse’ and there are important barriers to legislative intervention when intimate imagery is disclosed as a tool of coercion in domestically abusive and controlling relationships. The Online Safety Act, which completed its painfully slow journey through Parliament in October 2023, promises to plug these legislative gaps by implementing recommendations from the Law Commission, set out in its recent project on the Taking, Making and Sharing of Intimate Images. This paper examines its provisions in this regards, exploring whether and how the Act will improve the legislative landscape. It concludes that, in setting out an improved but not comprehensive, new offence framework, the Act will, in fact, confuse and complicate this landscape, frustrating the response that women experiencing image-based domestic abuse will receive from the criminal law and justice system
