The recent judgement of the European Court of Justice (ECJ) dealing with the problem of sex discrimination as it related to actuarial risk calculations in insurance contracts (1) was a Belgian case where the ECJ had to interpret Article 5 of Directive 2004/113 (2). The Dire ctive itself emanated from the Council of the European Union. Article 5 states that: "1. Member States shall ensure that in all new contracts concluded after 21 December 2007 at the latest, the use of sex as a factor in the calculation of premiums and benefits for the purposes of insurance and related financial services shall not result in differences in individuals’ premiums and benefits." but then goes on to say that: "2. Notwithstanding paragraph 1, Member States may decide before 21 December 2007 to permit proportionate differences in individuals' premiums and benefits where the use of sex is a determining factor in the assessment of risk based on relevant and accurate actuarial ...
The recent judgement of the High Court in R (Miller) vSecretary of State for Exiting the European Union [2016] EWHC 2768 (3 November 2016, Admin) seems clear enough. The issue is one of law. Is there, as a matter of law, power in the executive to trigger Article 50 of the Treaty on the European Union? The consequences of this decision fall into the political domain. But the decision itself is not political. It is not about what is the right thing to do, it is about who has the power to that thing. The conclusion of the judges, after hearing full argument, is that there is no power in the Executive (which draws its power from the Crown) to trigger Article 50 of the Treaty on the European Union . So, the Executive/ Crown cannot change the rights of UK citizens without the consent of Parliament. A deep and very important cornerstone of UK civil liberties. The judges are right to guard it even in the face of miscomprehending public hysteria whipped up by cy...
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