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Dr Charlotte O'Brien
BA (Cantab), LLM (Leeds), PhD (Liverpool), PGCAP (York)
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.
The Conversation "Brexit Britain: sovereignty is not a licence to disregard international law" 3 August 2016
The Equality Trust “The ‘E’ word must go back on the legislative agenda” 2 August 2016
The Independent “European migrants are not just paying their way, they're paying our way too” 24 July 2016
EU Referendum Analysis 2016: Media, Voters and the Campaign “Bonfires and Brexterity: what’s next for women?” 6 July 2016
European Financial Review “It’s our economy too: gender equality is not a luxury to be abandoned in times of crisis” 20 June 2016
EU Law Analysis “Don’t think of the children! CJEU approves automatic exclusions from family benefits in Case C-308/14 Commission v UK” 16 June 2016
The UK in a Changing Europe “Brexterity, eusterity and child welfare: whoever wins, women and children are at risk” 15 June 2016
The Conversation “Leaving EU would be bad for women – but staying in doesn’t look too great either” 1 June 2016
Full Fact “Is Turkey likely to join the EU?”27 May 2016 (last updated 23 June 2016).
Positive News “EU: In or Out?” 6 May 2016
The Guardian “Would Brexit make it harder to hire EU workers ?” Small business network referendum panel 29 March 2016
Lexis Nexis “Immigration aspects of Cameron’s EU settlement” in Continental shift: Brexit and the Law 27 March 2016
The Conversation “The EU talks the talk on gender equality – but in a male voice” 8 March 2016
Full Fact “Explaining the EU deal: child benefit”27 February 2016 (last updated 23 June 2016)
The Independent “Why the EU emergency brake on migrant benefits is sexist” 5 February 2016
The UK in a Changing Europe “Cameron’s renegotiation and the burying of the balance of competencies review” 2 February 2016
EU Law Analysis “An insubstantial pageant fading: a vision of EU citizenship under the AG’s Opinion in C-308/14 Commission v UK” 7 October 2015
EU Law Analysis “More back-slapping than soul-searching: The European Commission’s reflections on the UN Convention on the Rights of Persons with Disabilities” 11 June 2014
Durham European Law Institute “The CJEU’s chance to stop punishing pregnancy – the St Prix case” 1 November 2013
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.
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
C. O'Brien 'The pillory, the precipice and the slippery slope: the profound effects of the UK’s legal reform programme targeting EU migrants' (2015) 37(1) Journal of Social Welfare and Family Law 111-136.
I am the EU module coordinator and with responsibility for aspects of both the Clinic module and the Immigration Law module.
O’Brien, Spaventa and De Coninck, “The concept of worker under Article 45 TFEU and certain non-standard forms of employment”, FreSsco Comparative Report, European Commission (2015) available at <www.ec.europa.eu/social/BlobServlet?docId=15476&langId=en>.
Overmeiren, O'Brien, Spaventa, Jorens & Schulte "The notions of obstacle and discrimination under EU law on free movement of workers" Fressco Analytical report, European Commission (2014) available at <http://ec.europa.eu/social/BlobServlet?docId=13535&langId=en>