Rocque v Lt. Gov. [1998] JLR 246 (16 July 1998)

Rocque v Lt. Gov. [1998] JLR 246 (16 July 1998)

The court held that the requirement of equal treatment in Protocol No. 3, art. 4 should not be interpreted so as to apply indirectly rules not otherwise applicable in Jersey, such as rules on free movement of workers.

Citation
[1998] JLR 246
Parties
Applicant: Rocque; Respondent: Lieutenant Governor
Jurisdiction
Jersey
Judgment Date
16 July 1998
Procedural Posture
Civil / Judgment
Outcome
application dismissed
Legal Topics
Equal Treatment, Limitation on Equal Treatment, Act of Accession, Protocol No. 3, Art. 4, Free Movement of Workers
European Law Equal Treatment Limitation on Equal Treatment Act of Accession Protocol No. 3, Art. 4 Free Movement of Workers

Case Brief

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Parties

Rocque

Applicant

Lieutenant Governor

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the requirement of equal treatment in Act of Accession, Protocol No. 3, art. 4 applies to indirectly introduce rules not otherwise applicable in Jersey, such as rules on free movement of workers.

Ratio Decidendi

The court held that the requirement of equal treatment in Protocol No. 3, art. 4 should not be interpreted so as to apply indirectly rules not otherwise applicable in Jersey, such as rules on free movement of workers.

Court Disposition

application dismissed