Category: European Union
-
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…
-
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…
-
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…
-
Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence
This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence…
-
Stephanie Reynolds: Playing Politics So the UKSC Doesn’t Have To: The CJEU Ruling in Case C-709/20 CG v Department for Communities in Northern Ireland
In its recent CG judgment, the EU’s Court of Justice held that it was lawful for Universal Credit Regulations to stipulate that EU citizens do not, by virtue of pre-settled status, have a ‘right to reside’ in the UK for the purposes of accessing Universal Credit. Since the right to reside test is an eligibility…
-
Nicholas Kilford: The Supremacy of Retained EU Law: ‘We’re Lost, But We’re Making Good Time!’
The UK’s departure from the EU was marked, at least in legal terms, by a curious combination of change and continuity. One key issue ripe for change was the principle of the supremacy of EU law. Vote Leave argued before the referendum that this principle ‘stops the British public from being able to vote out…
-
Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament
The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it…
-
David Feldman: Departing from Retained EU Case law
The Issue Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme…
-
Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020
The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of…
-
Christopher McCrudden: Why the European Union must insist that the UK remains committed to the European Convention on Human Rights
In the next few days and weeks, the EU and the UK must decide whether they both really want a future relations agreement. Both sides have agreed to step up their face-to-face meetings. To achieve an agreement, it looks like compromises will be required. It was ever thus — that is the nature of international…