How/when does recent ECJ ruling on driving to work come into effect here??

[stevemLS]

Re: How/when does recent ECJ ruling on driving to work come into effect here??

I think people are agreeing with me even though saying they are not.

The ECJ does not create binding precedent, neither does the ECHR.

The EU can create binding obligations.

My impression is that people have conflated legislation and common law/judicial precedent?

[judgemental24]

Re: How/when does recent ECJ ruling on driving to work come into effect here??

I agree stevemLS

EU Precedent as a Persuasion to implement EU law is quite a new thing on the UK.

It needs to be remembered the EU is a Civil jurisdiction, the UK is unique in that is it bound on both Civil Common law/ Stare Decisis and Statute as part of its constitution

The EU imposes Rights, Duties and Obligations on member states through its own Judicial process (Law) EU law will take precedent over national domestic legislation

Put simply the UK will Drag out EU Law, huff and puff then implement it with its own interpretation or twist in the spirit of that EU judgement

[R0b]

Re: How/when does recent ECJ ruling on driving to work come into effect here??

The ECJ does not create binding precedent, neither does the ECHR.

The EU can create binding obligations.

I agree on the 2nd part of your comment above but must have to strongly disagree on the first part. Not wanting to hijack the thread on EU law i'll leave it at that but happy to share my views via PM if you wish

[judgemental24]

Re: How/when does recent ECJ ruling on driving to work come into effect here??

Sorry

The EU does not recognise the concept of Binding Stare decisis except the UK which operates under common law

Legal Precedent is established through the Obiter dictum and Ratio decidendi unique to common law jursdictions

Member states use the EU Doctrine "Margin of Appreciation" interpreting judgements made in the ECtHR for which the court only adopts a supervisory role on member states