UK and European law

Post-Brexit transfers of personal data: the clock is ticking

The UK government would like to keep EU-UK data transfers largely the same following the country’s separation from the EU, writes J Scott Marcus (Bruegel). But talks have yet to even commence on a future data-sharing relationship, and a landmark European Court of Human Rights ruling in September bodes poorly for the UK’s future status under the EU’s General […]

‘Britzerland’: the problem of dispute resolution post-Brexit

Both the UK and Switzerland are trying to negotiate a dispute resolution mechanism that would give the European Court of Justice the final word on the interpretation of EU law. Carl Baudenbacher (Monckton Chambers and former president of the EFTA Court) looks at the inspiration for this arrangement – the EU-Ukraine Agreement – and explains why it is a […]

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    Norwegian Blue or Super-Canada – is there any life in this parrot?

Norwegian Blue or Super-Canada – is there any life in this parrot?

How does an obscure article in the Lisbon Treaty obfuscate Britain’s efforts to formulate a post-Brexit relationship with the European Union? And what does this have to do with dead parrots?  Monica Horten explains below.

It was Margaret Thatcher who famously replayed Monty Python’s ‘dead parrot’ sketch at the Tory party conference 28 years ago in 1990. Then the Conservative Party gathered […]

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 […]