UK and European law

EU law is not a thing we simply leave behind on Brexit day

The former DExEU minister Steve Baker celebrated the new web archive of EU law to be maintained by the National Archives as Britain becomes a ‘self-governing nation again’. Joelle Grogan (Middlesex University) writes that EU law will continue to play a role in legal decisions, and the changes the government intends to make will not all receive parliamentary scrutiny.
Anyone interested […]

Long read: how to deploy the emergency brake to manage migration

Freedom of movement is one of the ‘red lines’ that preclude Britain’s continuing membership of the Single Market: the PM believes the referendum was a clear rejection of the principle. But could the UK deploy an ’emergency brake’ at regional (rather than national) level to help manage EU migration and thereby qualify for European Economic Area membership? Catherine Barnard and Sarah Fraser Butlin (University […]

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    That easy IT solution to get “settled status” after Brexit. Will it work as promised?

That easy IT solution to get “settled status” after Brexit. Will it work as promised?

Edgar Whitley (LSE) explains how the process of acquiring “settled status” after Brexit may unfold. His analysis shows there is continuing uncertainty about whether applying for electronic documentation will be indeed as easy as claimed. If it isn’t, then the backlash from EU citizens and the EU could be significant, he concludes.

Being a “local” to the Belgian city of Bruges has a […]

Not settled yet: questions the Home Office has yet to answer about EU citizens’ status

EU citizens living in the UK will be able to apply for settled status post-Brexit. Anne-Laure Donskoy sets out some of the problems with this plan and the uncertainties that remain.

At long last, the UK government has published the document that was supposed to give all 3.6m EU citizens currently living in the UK clarity and certainty about their status […]

Two souls in Europe’s breast: the attractions of EFTA for the UK

Could Britain gain from joining the European Free Trade Association? Carl Baudenbacher (Monckton Chambers and former president of the EFTA court) looks at the prevailing legal systems in Iceland, Switzerland, Liechtenstein and Norway, and concludes that they share aspects of legal doctrine with the UK.

In 1992, Jacques Delors, then President of the EU Commission, said that if, over the […]

Weaponising feminism in the Brexit debate: women’s organisations and the need for nuance

Brexit will not necessarily dismantle women’s rights, says Alice Chilcott. It does represent a threat to women’s groups that get funding and shared expertise from the EU. Unfortunately, a lack of nuance – on both sides of the Brexit debate – makes it hard to move beyond the ‘low politics’ of emotional appeals.

Just before the referendum, the Mirror and […]

Brexit is not inevitable. These are the steps Parliament could take to halt it

Brexit is likely but not inevitable, argues Steve Bullock. He sets out the steps Parliament could take to halt the process, providing that – as senior EU figures have signalled – Article 50 can be revoked.

Only nine months ago the government was still talking about no deal being better than a bad deal. MPs were fighting for a meaningful vote […]

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    Baroness Jones: I’m worried about what Brexit means for our rights

Baroness Jones: I’m worried about what Brexit means for our rights

Brexit poses a severe danger to civil liberties. There are many things about the government’s version of the EU Withdrawal Bill that even proponents of Brexit should be worried about, writes Jenny Jones (Baroness Jones of Moulsecoomb)

Brexit is turning our world on its head. It will dominate our political, economic and social future. It’s undoubtedly dominating Parliament’s attention at the moment, and […]

The Lords have just raised the bar on the defence of rights and the rule of law in the Brexit process

The success of the Lords’ amendment to the EU (Withdrawal) Bill on Henry VIII powers is very important, writes Joelle Grogan (Middlesex University). It introduces a test of objective necessity that would stop ministers making changes to law at their sole discretion. Whether it will survive the parliamentary ‘ping-pong’ between the two Houses is, however, uncertain.

On 25 April, the […]

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    The powers of the Lords in Brexit are substantial but unlikely to be used to full effect

The powers of the Lords in Brexit are substantial but unlikely to be used to full effect

The Prime Minister suffered a big defeat in the House of Lords yesterday as peers endorsed requiring ministers to consider customs union membership post-Brexit. While this shows that the powers of the House of Lords in the Brexit process are substantial, they are unlikely to be used to full effect, explains Richard Reid (University of Oxford).

Yesterday (Wednesday) the House of Lords moved to the Report […]