Effectiveness of contamination prevention procedures in a trace explosives laboratory.

The effectiveness of a number of the explosives contamination prevention controls that are adopted within the Forensic Explosives Laboratory (FEL) principal trace laboratory has been scrutinised. Within the trace laboratory, rigorous procedures for processing forensic swab samples for traces of organic explosives are routinely adopted by forensic scientists. In order to demonstrate the effectiveness of these procedures, and the principle of separating the sample from the laboratory and the forensic scientist, explosives-free swab samples and appropriate controls have been processed, in accordance with trace laboratory procedures, in several explosives contaminated environments. In all cases, no explosives were detected in the post-processing samples, demonstrating that the contamination prevention procedures are effective, robust and fit-for-purpose.     

Jacob LJ untangles the web of unopposed patent appeals and decides the patentee should pick up the bill

In this recent decision of the Court of Appeal, Lord JusticeJacob has clarified the previously unsatisfactory law on unopposedpatent appeals. The practice of restoring to the register patentsthat had been found invalid at first instance, where on appealtheir validity was not contested, has been criticized. In futuresuch restoration will not occur without a full considerationof the merits by the Court of Appeal.     

In the Shadow of Brexit: The 2019 European Parliament Elections as First‐Order Polity Elections?

European Parliament (EP) elections have traditionally been described as ‘second‐order national elections' in which campaigns are fought by national parties on national issues. We argue that the 2019 elections should instead be considered ‘first‐order polity' elections. It is not EU‐level party politics or policy issues that are debated, but rather the legitimacy of the EU itself. Firstly, the EP elections have transformed into an EU ‘blame game' in which national governments are punished or rewarded over their stance on European integration. Secondly, the 2019 election was about the EU's fundamental values, not only with respect to multiculturalism, but also gender equality and LGBTQ rights. Finally, these first‐order polity elections are driven in large part by traditional news and social media platforms. While this is a long way from the patterns of the early EP elections, they still fail in fulfilling the function of holding MEPs and European party groupings adequately to account.     

“Hand-to-mouth” citizenship: decision time for the UK Supreme Court on the substance of Zambrano rights,EU citizenship and equal treatment

UK benefit rules strip Zambrano residence rights, for UK national children and their third country national primary carers, of equal treatment entitlement. These rules are challenged in a case pending before the UK Supreme Court. This piece argues that Zambrano creates an EU-citizenship-based right to reside which necessarily entails equal treatment. UK national children in Zambrano families fall within the scope of EU law so are not prevented by the wholly internal rule from claiming equal treatment with EU national children in Teixeira families. And they are protected by equal treatment as a general principle of EU law, which requires equal treatment with other UK national children. The justifications for automatic unequal treatment put forward before, and accepted with alacrity by, the Court of Appeal, are poorly reasoned and ill-matched with the rules in question – most notably because Zambrano families may have strong connections with the UK. A CJEU reference is likely; a Zambrano right is the right to reside in the Union – it is the right to have EU rights. The substance of EU citizenship is at stake.     

What does Brexit Mean for the UK's Climate Change Act?

This article examines the potential implications of the United Kingdom's exit from the European Union (so‐called ‘Brexit’) for the success and survival of the country's flagship climate policy, the Climate Change Act 2008. The impact of a ‘soft’ and a ‘hard’ Brexit for the main features of the Climate Change Act are assessed, building on documentary evidence and elite interviews with key policy‐makers and policy‐shapers. The article argues that the long‐term viability of the Climate Change Act was being threatened even before the EU referendum, and that Brexit will do little to improve this situation. Even though the existence of the Climate Change Act is not under immediate threat, a range of issues presented by Brexit risk undermining its successful implementation.     

Exploring the Political Agency of Humanitarian NGOs: Médecins Sans Frontières During the European Refugee Crisis

Due to the recent high influx of refugees, migration has become one of the most politicised issues within the European Union (EU). To explore the political agency of humanitarian NGOs, this article analyses the behaviour of Médecins Sans Frontières (MSF) during the peak of the influx from April 2015 to June 2016. Outrage about the EU’s response to the refugee crisis triggered confrontational and politicised strategies from MSF that aimed to enhance contestation and mobilise public opinion. The proximity of the crisis and the organisation’s independence and decentralised structure facilitated this political agency. Furthermore, neither MSF’s strong commitment to the humanitarian principles of neutrality, impartiality and independence, nor its cooperative ties to national and international political elites, hindered its political actions in this situation. This article therefore refutes the common perspective that humanitarian NGOs are generally cooperative and, ultimately, depoliticising agents in global governance. Under certain conditions, humanitarian NGOs can decide to become highly political and confrontational in opposing national and EU policies.     

Is Co-decision Good for the Environment? An Analysis of the European Parliament's Green Credentials

The European Parliament (EP) has long been regarded as a positive force for environmental change in the EU, but there has been little detailed empirical scrutiny to determine whether its reputation as a green champion is deserved. Nor has there been any evaluation of the environmental impact of the increase in EP powers under co-decision. These oversights are rectified by an evaluation of the EP's amendments to environmental legislation using typologies that rank them in terms of their level of ecological commitment and importance. EP amendments proposed under three procedures of decision making are compared in order to determine whether recent increases in the EP's powers under the co-decision procedure have affected its ability and willingness to adopt 'green' amendments. It is clear that the EP has consistently tried to strengthen environmental legislation but there is some ambiguity as to whether co-decision has been good for the environment.