UK and European law

Can mobile roaming be saved after Brexit?

The EU referendum has many unanticipated consequences. One that is gaining visibility in the UK just now is the impact of Brexit on mobile roaming arrangements. UK citizens should not count on continuing to enjoy inexpensive mobile roaming when travelling in EU Member States unless measures are taken to preserve it, write J Scott Marcus and Robert G Clarke […]

Brexit is a win-win opportunity for the City of London

EU law has constrained the City, argues Barnabas Reynolds, a partner at Shearman & Stearling. It has a chilling effect on business. Outside the Union, Britain will be able to either draft its own rules through an ‘enhanced equivalence’ model – or completely unshackle itself from the EU and adopt a free-market system whose simplicity would attract business. Either outcome would […]

How the EFTA Court works – and why it is an option for post-Brexit Britain

The UK government has said it wants the country to leave the jurisdiction of the European Court of Justice after Brexit. Carl Baudenbacher, the President of the Court of the European Free Trade Association (EFTA) – which judges cases concerning Iceland, Liechtenstein and Norway – argues that Britain could use his court to resolve disputes. He explains the mutually enlightening relationship between the […]

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 […]