Tag: CJEU
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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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Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?
The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law…
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Jeff King and Stephen Tierney: The Constitution Committee Reports on the European Union (Withdrawal Agreement) Bill
The European Union (Withdrawal Agreement) Bill will make no further progress before the general election. The Bill is however of potentially huge constitutional significance, and a new government could well look to pass it quickly. It was therefore imperative that it be subjected to parliamentary scrutiny in the short period between its forestalled second reading…
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Daniel Halberstam: EU Brexit Litigation: A Short Guide to the Perplexed
Given Boris Johnson’s explicit vow that he’d rather “be dead in a ditch” than ask Brussels for an extension, and his consiglieri’s statement that the government would “scupper” any extension by refusing to negotiate because the “duty of sincere cooperation will be down the toilet,” one might be forgiven for thinking that the Government’s strategy—despite…
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Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged
It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision…
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Dennis Dixon: Wightman and the General Interpretation of Article 50
The recent CJEU decision of Wightman v Secretary of State for Exiting the European Union [2018] 3 WLR 1965 interpreted Article 50 of the Treaty on European Union as giving the United Kingdom a unilateral right to revoke its notice of withdrawal from the EU. Academic comment has naturally turned to whether the decision was…
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Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar”
The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond. In this piece I present my initial thoughts about the ruling and its possible legal and political implications. I argue…
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Kenneth Armstrong: The Advent of Brexit – Can It Be Paused?
As each day passes, a new window seems to be thrown open exposing fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like opening an advent calendar for lawyers. On Monday 10 December, the Court of Justice of the European Union in its Wightman…
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Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?
Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A…
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Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman
The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The…