2nd Jan 2007 - CSP info

   
The right to equality before the law Truro County Court 2nd January 2007

“The courts have always been alive to the fact that a person or organisation with no particular stake in the issue or outcome may, without in any sense being a mere meddler, wish and be well placed to call the attention of the court to an apparent misuse of public power”.
(High Court of Justice, QB Div., CO/3410/96, 20/10/1997). (Aarhus Convention, Article 9).

“If you feel you have suffered discrimination, you will need to familiarise yourself with the provisions and procedures of your national legal system …….Knowledge of your national legal system is imperative as the national courts are the primary level of recourse for cases pertaining to the Racial Equality Directive”. (Anti-discrimination & relations with Civil Society, European Commission publication 15/03/2005).

“The right to equality before the law and protection against discrimination for all persons constitutes a universal right”. (Racial Equality Directive, 2000/43/EC para.3). (There is no statutory guarantee of equality before the law in U.K. law. Professor Francesca Klug, Human Rights Centre, LSE).

“Individuals may rely upon the Directive before a court of a Member State to obtain from the national authorities the setting aside of the national measures incompatible with those provisions”. (House of Lords, The Berkeley Case, [2001]2 AC 603, HL, para.7, 06/07/2000).

“Direct effect means that in the absence of national legislation that gives effect in a Member State to the obligations the Directive imposes on them, individuals have the right to rely on, and the Courts take into consideration, the provisions and obligations of the Directive”. (Department for Communities and Local Government, Circular, page 3, 30/06/2006).

“A national Court which is called upon, within the limits of its jurisdiction, to apply provisions of Community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provisions by legislative or other constitutional means”. (European Court of Justice, Simmenthal Case, 106/77; Summary, para.4, 09/03/1978).

“Race equality impact assessment” - “Initial assessment or screening” - “All policy proposals should be screened for their likely effects on racial equality”. (Department for Communities and Local Government - Racial Equality in Housing, para. 4.15, May 2006).

“Institutional racism” - “the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origins. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping”. (Sir William Macpherson, quoted by the Department for Communities and Local Government in its Code of Practice on Racial Equality in Housing, para.2.2, page 19 of 114 May 2006).

“All such rights, powers, obligations and all such remedies created under the Treaties, are without further enactment to be given legal effect and available in law”. Includes:- “enforceable Community right”. (European Communities Act 1972 , section 2 - abridged).

“Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice”. (E.U.Treaty, Article 234).

Cornish Stannary Parliament, Camborne, TR14 OJG
Web Site:- cornishstannaryparliament.org




“Individuals may cite the provisions of the Directive against all agencies of the State”.
(Anti-discrimination & relations with Civil Society, (E.U. Commission 15/03/2005).











 

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