UK and European law

State aid and Brexit: the temptation for political intervention

State aid is currently regulated by the EU and, after Brexit, the government intends to transpose the rules into UK legislation, with the Competitions and Markets Authority overseeing the issue. Totis Kotsonis (Eversheds Sutherland) explains why future governments could be tempted to allow political intervention that EU membership precludes. 
The UK government has recently indicated its intention to transpose the EU state […]

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    How will Brexit shape conflict resolution between the UK and other European countries?

How will Brexit shape conflict resolution between the UK and other European countries?

How will Brexit shape conflict resolution within and between EU member states? In this post, Johannes Karreth (Ursinus College) observes that Brexit may pose a challenge not only to peace in Ireland but also for disputes between the UK and other European countries, such as the recent Franco-British “scallop war”, that the EU has helped to keep at bay. […]

Article 50 is flawed: could the ECJ extend the two-year withdrawal period?

The two-year time limit stipulated in Article 50, argues Philip Allott (University of Cambridge), is wildly unrealistic: its drafters never anticipated that a large member state would ever leave the EU. In this legal opinion, he sets out how the ECJ could extend the withdrawal period, thereby allowing the UK to leave in an orderly fashion.
The UK’s scheduled withdrawal from […]

Greener or leaner? Planning policy after Brexit

Is Brexit a chance to free UK planners from onerous environmental standards, or to set new, clearer environmental goals? While planning is not a core EU competence, membership has helped shape it. Richard Cowell (University of Cardiff, left), Olivier Sykes and Thomas Fischer (University of Liverpool), Geraint Ellis (Queen’s University Belfast), Anthony Jackson (University of Dundee) and Thomas Muinzer (University of Stirling) look at the possibilities ahead.
As the uncertainty surrounding the […]

Brexit, the separation of powers and the role of the supreme court

The Supreme Court’s role has changed since it was created. Byron Karemba (University of Leeds) looks at how Brexit is altering it further and makes the case for a new conception of the judicial function based on the separation of powers.
When the Supreme Court of the United Kingdom (UKSC) was created, there was great emphasis by the architects of […]

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 […]