Category: European Union
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Alison Young: Status of EU Law Post Brexit: Part Two
In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a complete account, giving rise to a potential for further uncertainty in the future. This post will examine two further issues – whether the amendments respond…
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Alexander Horne: Dispute Resolution and Enforcement after Brexit
The House of Lords European Union Justice-Sub Committee (‘the Committee’) today published its report Dispute resolution and enforcement after Brexit (15th Report of Session 2017-19: HL Paper 130) (PDF). The Committee’s report is detailed and wide ranging, focusing on four distinct matters: the enforcement of the Withdrawal Agreement concluded under Article 50 of the Treaty…
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Alison Young: Status of EU Law Post Brexit: Part One
It is well-known that the status of retained EU law post Brexit was originally left undefined by the European Union (Withdrawal) Bill, save that it is classified as primary legislation for the purposes of the Human Rights Act 1998. This led to criticism of the Bill, leading to a suggested recommendation from the House of…
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Azadeh Chalabi: Added Values of National Human Rights Action Planning for the UK in the Age of Brexit
In the age of Brexit when divisions of different kinds (cultural, ethnic, religious, geographical and class, etc.) come into sharp focus, even if the EU Charter of Fundamental Rights can be maintained (with the recent House of Lords amendment to retain the Charter), significant concerns can be raised as to a potential reduction of fundamental…
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Weekly round-up of events
This week’s event announcement is below. ~~~ Analysing the Western Sahara Campaign Case QM School of Law Thursday, 3 May 2018 from 12:00 to 14:00 Mile End Road, E1 4NS The Centre for European and International Legal Affairs (CEILA) is hosting a Lunchtime Seminar (12-2pm) on Thursday 3rd May 2018 in Room 313, Laws Building, at…
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Brian Christopher Jones: Wightman and How Not to Advance the Law
Wightman v Advocate General [2018] concerns whether it is legally possible to reverse an Article 50 notice given to the European Union. At first instance the Lord Ordinary refused permission for the petition to proceed, saying that the issue was “hypothetical and academic”. Under the Court of Session Act 1988, one of the hurdles for…
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Paul Craig: European Union (Withdrawal) Bill: Legal Status and Effect of Retained Law
In an earlier posting I intimated that the initial divide between EU measures that should be regarded as primary legislation post-Brexit and those that should be regarded as secondary measures would not be too difficult to draw. When the initial divide had been made it could then be decided whether the status of any such…
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Christopher McCorkindale and Aileen McHarg: Continuity and Confusion: Legislating for Brexit in Scotland and Wales (Part II)
Editors’ note: This is the first of a two-part post on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, introduced into the Scottish Parliament on 27 February 2018, and the Law Derived from the European Union (Wales) Bill. Part I can be found here. Introduction Part one of this post examined the…
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Christopher McCorkindale and Aileen McHarg: Continuity and Confusion: Legislating for Brexit in Scotland and Wales (Part I)
Editors’ note: This is the first of a two-part post on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, introduced into the Scottish Parliament on 27 February 2018, and the Law Derived from the European Union (Wales) Bill. Introduction On 27 February, the Scottish Government introduced the UK Withdrawal from the European…
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Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law
In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be…