UK and European law

Why May can’t have it all: the ECJ and the Brexit rules of (dis-)engagement

Theresa May was adamant that the UK would not accept the jurisdiction of the European Court of Justice after Brexit. But as reality has sunk in, that red line has begun to blur. LSE Fellow Anna Tsiftsoglou explains why the ECJ is such a vital issue in the exit negotiations. To reverse David Davis’ footballing metaphor, if the UK plays in […]

When unpaid childcare isn’t ‘work’: EU residency rights have gendered consequences

All EU migrants are not equal when it comes to residency rights, writes Isabel Shutes, Assistant Professor of Social Policy at the LSE. The unpaid labour of women with young children, who take time out of paid work to look after them, is not recognised as “genuine and effective work” in EU case law. Consequently, they are at greater risk of […]

Legislation that is, and is not: the deeply problematic Repeal Bill

The (no longer ‘Great’) Repeal Bill has been published, and is likely to encounter considerable opposition in both Parliament and the devolved assemblies. Joelle Grogan says that the Bill marks a move away from individual rights and remedies and offers nothing to allay concerns about ministers’ ability to amend laws without parliamentary scrutiny (Henry VIII clauses). It will be up […]

Can EU actors keep using common law after Brexit?

English common law is the choice of law for financial contracts, even for parties in EU members with civil law systems. This creates a lucrative legal sector in the UK, but Brexit could make UK court decisions difficult to enforce in the EU, say Uuriintuya Baatsaikhan and Dirk Schoenmaker. Parties will be able to continue using English common law after Brexit, […]

When EU laws are repatriated, will all the power go to Westminster?

‘Taking back control’ of laws from the EU was a major theme of the Leave campaign. But when an EU law applies to a devolved power, should Westminster, Stormont, Edinburgh or Cardiff take back the control? For the devolved nations, the answer is obvious; but the UK government argues it needs control of many powers in order to maintain […]

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    Has the time come for the UK to leave the European Court of Human Rights too?

Has the time come for the UK to leave the European Court of Human Rights too?

Once Brexit is put into effect, human rights guarantees offered by the EU will cease to apply. This loss of human rights protection will be mitigated as long as the UK continues to be a member of the European Convention on Human Rights. Solon Solomon asks whether the time has come for the UK to leave also the European Court of Human Rights.

The […]

Workers’ rights are now a basic element of trade deals. What stance will Britain take?

Labour rights are now a basic component of many of the kinds of trade agreements the UK wants to sign post-Brexit, but there has been little discussion of what sort of provisions the UK wants to see in them. James Harrison and colleagues have found that commitments to workers’ rights on paper are not always enforced. They suggest what a […]

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    Brexit could mean greater freedom, but also international domination over the UK

Brexit could mean greater freedom, but also international domination over the UK

For some, Brexit was about giving the UK the freedom to make its own decisions without having to respect, be accountable to, or abide by EU law. Matteo Bonotti uses the republican concept of freedom as non-domination in order to explain why Leavers’ understanding of freedom may not be the whole story.

In an article published on this blog shortly […]

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    Permalink Henry VIII, after Hans Holbein the Younger. <a href=Public domain" />Gallery

    The (not so) Great Repeal Bill, part 2: How Henry VIII clauses undermine Parliament

The (not so) Great Repeal Bill, part 2: How Henry VIII clauses undermine Parliament

The Great Repeal Bill proposes to delegate power to Government in the form of a Henry VIII clause which will enable Government to change all EU-derived primary and secondary law by means of a secondary act (usually a statutory instrument) with limited or no Parliamentary scrutiny or oversight. In the second of her two posts on the Bill, Joelle […]

The (not so) Great Repeal Bill, part 1: only uncertainty is certain

The Great Repeal Bill is intended to convert all existing EU law into UK law. The aim is to provide legal certainty after Brexit Day and to enable the government to repeal aspects of EU law afterwards. But, writes Joelle Grogan in the first of a two-part series on the Bill, the proposed Brexit Day division will still create a great […]