UK and European law

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    A happy Brexit? We should rather brace ourselves for a dramatic change in our democratic freedom – for the worse

A happy Brexit? We should rather brace ourselves for a dramatic change in our democratic freedom – for the worse

As the Conservative MP and prospective scholar Chris Heaton-Harris reminds us, it is important when reflecting on Brexit within the academy to identify the potentially positive as well as the negative aspects of leaving the EU. Conor Gearty (LSE) scrutinises this notion of a happy Brexit, and outlines multiple areas in which the EU Withdrawal Bill will constitute a large transfer of power to the […]

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    Why Britain (usually) obeys the European Court of Human Rights

Why Britain (usually) obeys the European Court of Human Rights

Despite often complaining about the existence of the European Court of Human Rights, the UK has one of the strongest compliance records in the Court’s 47-country system. Zoë Jay explains how the UK’s conceptions of human rights protection shape its willingness to comply with the Court’s rulings.

To say the United Kingdom hasn’t always seen eye to eye with the […]

Article 50 does allow Britain to negotiate a transitional period

The PM intends to negotiate a transitional period after March 2019, during which people, businesses and services would have time to adapt to Brexit while the current regulatory framework is maintained. But it is still unclear how Britain will do this. Federico Ortino and Holger Hestermeyer (King’s College London) argue that Article 50 allows the UK to postpone the beginning of the withdrawal […]

The new sovereigntism: what it means for human rights law in the UK

Brexit relates to a new sovereigntism that has alarming implications for the rule of law, argues Fiona de Londras (University of Birmingham). Although the European Convention on Human Rights is not an EU law – and therefore unaffected by leaving – there are striking parallels between pro-Brexit and anti-ECHR arguments. The prisoner voting saga is one area where Westminster has […]

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 […]