Charlotte O'Brien

Profile

Biography

Dr Charlotte O'Brien
BA (Cantab), LLM (Leeds), PhD (Liverpool), PGCAP (York)

Lecturer

I joined York Law School in 2009.

From 2006-9, I completed a PhD at the University of Liverpool through an individual AHRC studentship and took part in two research projects on retirement migration funded by the Spanish Ministry for Employment & Social Affairs and Age Concern. These looked at the access to welfare services for post-retirement EU migrants. Prior to the PhD, I completed the LLM in Law at the University of Leeds, where I undertook research assistance work on the EU constitutional treaty. Following my Social & Political Sciences degree I trained as a volunteer Citizens Advice Bureau adviser, and have since continued case work and supervision. 

Research

Overview

  • EU social law, UK public law and human rights law
  • EU policies on social security coordination, migration, citizenship, labour law and asylum
  • The implementation of these policies into UK law
  • Theories of equality and fundamental rights
  • Welfare law, policy and reform  

 

PhD supervision: I welcome applications from prospective research students in these and related areas; please get in touch if you would like to discuss a proposal. 

Current projects

The EU rights project

I have been awarded an ESRC future research leaders grant to design and manage a project over 2.5 years to ask how easy it is to use the rights granted by EU law in the UK, to better develop a theory of EU citizenship and social and administrative justice in EU law. In collaboration with Ripon Citizens Advice Bureau, am setting up a specialist advice and advocacy service on EU welfare claims. While advising and representing clients, I will conduct in parallel a study of administrative obstacles their claims face. This 'advice led ethnography' is an innovative new methodology and a new approach to EU law. It combines socio-legal studies with theoretical, philosophical and historical work on EU social law. 

Please see https://sites.google.com/a/york.ac.uk/eurightsproject/ for more information and to follow the progress of the project.

 

The integration of persons with disabilities: Charter of Fundamental Rights commentary  

I have been invited to contribute to a new, key reference text on the Charter of Fundamental Rights of the European Union, published by Hart Publishing and edited by Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward. The text devotes a chapter to each article in the Charter, offering a critical analysis by a relevant expert. I have contributed the chapter on Article 26 on the integration of persons with disabilities.   See http://www.hartpub.co.uk/books/details.asp?isbn=9781849463089

  

The relationship between UK and EU welfare paradigms

I have been invited to contribute a chapter to a forthcoming edited collection entitled ‘The European Union’s economic and social model in the global crisis: interdisciplinary perspectives’, published by Ashgate and edited by  Professor Dagmar Schiek (University of Leeds). My chapter, 'From safety nets and carrots to trampolines and sticks: the national uses of the EU as both menace and model to help neoliberalise welfare policy', examines ideological convergence around neo-liberal approaches to welfare, and the part played by invocations of the EU in on-going UK welfare reform debates. The collection has been reviewed as a 'must read': see http://www.ashgate.com/isbn/9781409457312

Publications

Selected publications

  • C. O'Brien 'Article 26 - Integration of Persons with Disabilities' in S. Peers, T. Hervey, J. Kenner & A. Ward (eds) The EU Charter of Fundamental Rights: a Commentary (Hart, 2014)

  • C. O'Brien ‘I trade, therefore I am: legal personhood in the European Union’ (2013) 50(6) Common Market Law Review 1643-1684
  • C. O'Brien 'From Safety Nets and Carrots to Trampolines and Sticks: National Uses of the EU as Both Menace and Model to Help Neoliberalize Welfare Policy' in D. Sciek (ed) The EU Economic and Social Model in Crisis: Interdisciplinary Perspectives (Ashgate, 2013)

  • C. O'Brien 'A Stage, a Spotlight and an Unwritten Script: Frontier Zones and Intersectional Citizens' in N. Nic Shuibhne, M. Dougan & E. Spaventa (eds) Empowerment and Disempowerment of the European Citizen (Hart Publishing, 2012) 73-98
  • C. O'Brien ‘Confronting the care penalty: the case for extending reasonable adjustment rights along the disability/care continuum’ (2012) 34(1) Journal of Social Welfare and Family Law 5-30
  • C. O'Brien ‘European Union Law’ in Integrating Socio-Legal Studies into the law curriculum C. Hunter (ed) (Palgrave Macmillan, 2012)
  • C. O'Brien 'Drudges, dupes and do-gooders? Competing notions of 'value' in the Union's approach to volunteers' (2011) 1(1) European Journal of Social Law 49-75
  • C. O'Brien ‘Equality's false summits: new varieties of disability discrimination, "excessive" equal treatment and economically constricted horizons’ (2011) 36(1) European Law Review 26-50
  • C. O'Brien ‘Case C-310/08    Ibrahim   , Case C-480/08    Teixiera’ (2011) 48(1) Common Market Law Review 203-225
  • C. O'Brien ‘Social blind spots and monocular policy making: the ECJ’s migrant worker model’ (2009) 46(4) Common Market Law Review 1107-1141
  • C. O'Brien ‘Real links, abstract rights and false alarms: the relationship between the ECJ’s ‘real link’ case law and national solidarity’ (2008) 33(5) European Law Review  643-665
  • C. O'Brien ‘Case C-212/05     Hartmann   , Case C-213/05     Geven,    Case C-287/05  Hendrix’, (2008) 45(2) Common Market Law Review 499-514

Teaching

Undergraduate

I am the EU module coordinator and with responsibility for aspects of both the Clinic module and the Immigration Law module.

External activities

Memberships

  • Fellow of the Higher Education Academy
  • Volunteer, Ripon Citizens Advice Bureau - training advisers, supervising advice sessions and doing specialist casework, which has involved advocacy and representation
  • Trustee, York Citizens Advice Bureau & Citizens Advice North Yorkshire & York
  • ESRC peer review college (commencing late 2013) 

Contact details

Dr Charlotte O'Brien
York Law School
LMB/255

Tel: +44 (0)1904 32 5808