International Transport Roth GmbH v Secretary of State for the Home Department  EWCA Civ 158
Challenged whether penalty rules: amounted to criminal proceedings, were unfair, and restricted the free market.
The defendant, the Home Secretary, had introduced rules regarding the liability of HGV drivers entering the United Kingdom with illegal persons on board their vehicles. Sizable fixed penalties were imposed on guilty parties, who could then attempt to appeal. The claimants, International Transport Roth, requested a judicial review of the Home Secretary’s right to do so contending that, whilst the Home Office purported such rules and penalties to be civil law, they in fact amounted to criminal law. Further, the claimant submitted that the rules violated EU laws providing for the free movement of goods and services.
Whether the Home Office’s rules were fundamentally civil or criminal in nature, whether the appeals process for them was fair, and whether they restricted the EU’s open market.
The Court of Appeal found for the claimants with a 2-1 split decision, agreeing that the nature and character of the penalties imposed were criminal, and thus beyond the scope of the Home Office to introduce. Moreover, it was found that there had been insufficient opportunities for the claimant to assert a defence and receive a fair trial, which violated their human rights as per Article 6 of the European Convention on Human Rights. As the new rules from the Home Office were irreconcilable with the provisions of the ECHR, the Court issued a declaration of incompatibility. However, the Court disagreed with the claimant’s submission that the rules amounted to an unjust restriction on the free movement of goods.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "EU Law"
EU law, or European Union law, is a system of law that is specific to the 28 members of the European Union. This system overrules the national law of each member country if there is a conflict between the national law and the EU law.
Uk's Constitutional Arrangements
In light of the statement above, the arguments for and against codifying the UK's constitution will be set out in the following essay and especially considering the arguments with regards to codification and the impact of it on the Rule of Law, Parliamentary Sovereignty, Judicial Review and the Human Rights of UK citizens....
Understanding the Doctrine of Judicial Precedent
The doctrine of judicial precedent comes from the principle of stare decisis which means ‘stand by decisions already made’ and requires that ......