Submission by Edinburgh Law School student published as Best French Language Article in Trinity College Law Review
Wed 11 August 2021
An article authored by Edinburgh Law School's LLM in Comparative and European Private Law student, Bracken Crossley, has been selected for publication by the Trinity College Law Review.
Following a call for submissions issued by the Trinity College Law Review, Bracken Crossley decided to submit an article drafted in French. It was selected for publication and considered to be the best French language Article of this year's volume.
The Trinity College Law Review (TCLR) is Ireland’s leading student-edited law journal. Twenty-three years ago, the TCLR was established by a small group of students of the Dublin University Law Society in Trinity College, Dublin. It has produced many successful lawyers and academics, both in Ireland and further afield.
The author of the best article written in French will win an internship in the Conseil Constitutionnel. Runner-up internships in the Cour de Cassation and Conseil d’Etat are available. Unfortunately this prize was not awarded this year due to restrictions caused by the Covid-19 pandemic. Despite this, the recognition of being featured in such a high-profile publication has been much appreciated "I am thrilled to be published in such a well renowned student-drafted legal review", Bracken told Edinburgh Law School, "this was a great occasion to improve my drafting skills, notably during the editing process with the help of the TCLR's editorial team."
About the article
Following the covid-19 outbreak, the French Government legislating by emergency decrees implemented measures that restrict people's fundamental rights and freedoms. In the article, Bracken Crossley argues that covid-19 has brought to light the insufficiencies and inadequacies of the current recourses that people can implement to protect their fundamental rights and freedoms. In effect, people can make a petition for the protection of their fundamental rights before the Conseil d'Etat (référé-liberté) and can refer a question prioritaire de constitutionalité to the Conseil constitutionnel.
After having explained the differences between both recourses, Bracken contends that the référé-liberté is not a satisfactory recourse because the Conseil d'Etat is generally consulted for advice prior to the adoption of measures taken by the Government when legislating by emergency decrees. She observes that the Conseil constitutionnel did not hesitate to broaden the scope of its subject-matter jurisdiction to ensure it can control whether covid-19 regulations comply with fundamental rights and freedoms guaranteed by the Constitution. Moreover, having observed that the Conseil d'Etat and the Conseil constitutionnel held opposite rulings in petitions concerning the same measure, Bracken contends that such incoherencies cause a lack of legal security and is not satisfactory in terms of the protection of people's fundamental rights and freedoms, especially at a time such as Covid-19.
Having predominantly studied law with a focus on Tax and Business Law during her education in France, and European and Comparative Private Law during her time here at Edinburgh - the topic of this article was new to Bracken, however she felt strongly about the matter and felt it worth exploring further. Bracken was inspired to write this article when she realised that the decisions rendered by the Conseil d'Etat and the Conseil constitutionnel were contradictory and she wanted to gain her own understanding of the thought process behind these decisions.
My time at Edinburgh has been amazing. I have met incredible people with very diverse backgrounds - people that I would never have otherwise met; I have gained many skills, especially in terms of expressing and discussing my opinions on a legal topic with my fellow students and with the professors. Spending my first year on campus at Edinburgh was also incredible, Edinburgh is a formidable city. Although I have always known that I would make the most of my time at Edinburgh, I didn't expect to have an opportunity to be published. I feel very lucky that the University makes their students aware of the different opportunities one can take part in.
Also, despite the covid-19 pandemic, my second year went smooth. The remote learning went well. Also, despite its size and the number of students enrolled, I feel that the University provides valuable support and takes the time to consider each student's situation when requested applying a certain level of flexibility to ensure that students can reach the goals they set themselves. I really appreciated this as it enabled me to take internships with French law firms at the same time as studying.