Tag: Lisbon Treaty
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Paul Craig: European Union (Withdrawal) Bill: Legal Status of EU Retained Law
In a previous post I set out some suggestions concerning the status of EU law in the UK post-Brexit. I do not wish to repeat the arguments advanced earlier. I would merely add the following. It is desirable that the status accorded to EU law in the UK post-Brexit matches, insofar as possible, the status…
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Aurel Sari: Biting the Bullet: Why the UK Is Free to Revoke Its Withdrawal Notification under Article 50 TEU
‘There is no going back.’ These were the words of Lord Pannick, uttered before the High Court in response to the question whether the United Kingdom could rescind its notification to withdraw from the European Union once issued under Article 50 TEU (Santos and M v Secretary of State for Exiting The European Union, uncorrected…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union
Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week. The first section sets out…
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Alan Renwick: The Road to Brexit: 16 Things You Need to Know about What Will Happen If We Vote to Leave the EU
Cross-posted from the Constitution Unit blog. As the referendum on the UK’s membership of the EU draws closer, the result is impossible to predict. Many are asking what, in practical terms, would happen if we vote for Brexit. Alan Renwick explored some key elements of the withdrawal process before the referendum campaign began. Here, he…
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Mikolaj Barczentewicz: Does EU Law Bind Parliament as to Withdrawal from the EU? British Expats and Their Right to Vote (Shindler)
With the Brexit referendum quickly approaching, the courts were confronted with an EU law challenge against a provision of the European Union Referendum Act 2015 (‘the 2015 Act’) that, by incorporating the scope of the franchise for a general election, excluded from the franchise those British citizens who are resident abroad and were not registered…
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Danny Nicol: Is Another Europe possible?
Is the European Union an empty vessel into which any political content may be poured? Can it accommodate not just neoliberal conservatism but also Keynesian social democracy, hard-line greenery and even pro-nationalisation democratic socialism? A new UK campaign, “Another Europe is Possible”, would have us believe this, and is touting for votes in the EU…
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Sionaidh Douglas-Scott: Constitutional Implications of a UK Exit from the EU: Some Questions That Really Must Be Asked
The issue of a UK withdrawal from the EU is highly topical at present, and several aspects of a UK exit – such as its impact on the devolved nations, or the relationship of an exit referendum with the EU Act 2011, have already been discussed on this blog. This post mainly addresses other constitutional…
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Dorota Leczykiewicz: The ‘national identity clause’ in the EU Treaty: a blow to supremacy of Union law?
The provision generally referred to as ‘the national identity clause’ is located Article 4(2) of the Treaty on European Union (TEU). It says: The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government.…