Category: Brexit
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Eleni Frantziou and Anurag Deb: Direct Effect, Disapplication, and the EU Charter of Fundamental Rights: Still Together in Northern Ireland after Dillon?
Between 14 and 16 October 2025, the UK Supreme Court heard the appeal of the Secretary of State for Northern Ireland (‘SOSNI’) against the Dillon decision of the Northern Ireland Court of Appeal (‘NICA’). The facts of the case have already been explained in an earlier post, so there is no need to rehearse them…
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Event: New book symposium – Brexit, Union, and Disunion
Tuesday, 1 October 2024, 5:30 PM – 7:30 PM The Schools of Law at Queen Mary University of London and at the University of Edinburgh are delighted to co-host an online symposium of Professor Sionaidh Douglas-Scott’s new book: Brexit, Union, and Disunion (cambridge.org). The panel of commentators are: The event will be chaired by Professor…
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Thomas Horsley: Relations Reset or Regression? Devolution and the Product Regulation and Metrology Bill
On 4 September 2024, the UK Government published the Product Regulation and Metrology Bill (the PRMB). Introduced in the Lords, the PRMB is certainly not the most headline-grabbing Bill announced in the King’s Speech. Its substance – product standards and weights and measures – is important, but unlikely to excite the masses. However, as the…
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Ronan Cormacain: Seeking asylum on the outgoing tide of EU law – Supremacy of EU law in Northern Ireland under the Windsor Framework
On 13 May 2024, Humphreys J in the Northern Ireland High Court delivered his judgment in The matter of Northern Ireland Human Rights Commission, JR295 and the Illegal Migration Act 2023 [2024] NIKB 35. The case dealt with the impact of the Withdrawal Agreement and the Windsor Framework. Re NIHRC had the effect of disapplying…
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Kenneth Armstrong: The First Statutory Report on Retained EU Law
Successive UK Governments have promised to regulate less, better or smarter to promote economic growth and competitiveness while protecting consumers, workers and the environment. Relatively low visibility reviews and reports – recast and relaunched over time – have belied the public politics of ‘burning red tape’. But as the fireworks faded over Westminster as 2024…
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Katia De Blasio: Recent Developments on the Status of EU Derived Case Law
Brexit has been and continues to be a complicated process to understand, especially for continental lawyers. Nevertheless, it is interesting to try to study its dynamics and how, if at all, the law implemented within more than four decades of being part of the European Union will continue to affect the British legal system. In…
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Jed Meers, Joe Tomlinson, Alice Welsh and Charlotte O’Brien: Rights on Paper? The Discriminatory Effects of Digital Immigration Status on Private Landlord Decisions
Under the EU settlement scheme, millions of EU, EEA and Swiss nationals have been granted “digital-only” immigration status. Instead of having physical documentation to prove their immigration status, these individuals must rely on an online proof-of-status service through the GOV.UK website. We wanted to examine whether individuals with this form of “digital only” status are…
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Kate Ollerenshaw: More Haste, Less Speed: Sunset Clauses in the Retained EU Law (Revocation and Reform) Bill
There are many points of note for those interested in Constitutional law in the recently published Retained EU Law (Revocation and Reform) Bill 2022 (“the Bill”). This post focuses on the proposal to bind the Government to accomplishing the complex process of assimilating desirable retained EU law into domestic legislation before a stated deadline using…
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Thomas Horsley and Jo Hunt: In Praise of Cooperation and Consensus under the Territorial Constitution: The Second Report of the House of Lords Common Frameworks Scrutiny Committee
On 16 July 2022, the House of Lords Common Frameworks Scrutiny Committee (CFSC) issued its Second Report on the Common Frameworks. This post summarises the Report’s principal findings and reflects on the future role of the Common Frameworks in the management of domestic intergovernmental relations post-Brexit. Common Frameworks The Common Frameworks Programme was established by…
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Oliver Garner and Tom West: Brexit ‘Freedoms’, Risks and Opportunities? Certainty and uncertainty in the revision of retained EU Law
On 31 January 2022, the second anniversary of the UK’s withdrawal from the European Union, the UK government proposed a new ‘Brexit Freedoms Bill’. The ‘Benefits of Brexit’ Policy Paper outlines the objectives of this Bill as ‘reviewing retained EU law to meet the UK’s priorities’ and ‘allowing changes to be made to retained EU law more…