UK and European law

Brexit is not inevitable. These are the steps Parliament could take to halt it

Brexit is likely but not inevitable, argues Steve Bullock. He sets out the steps Parliament could take to halt the process, providing that – as senior EU figures have signalled – Article 50 can be revoked.

Only nine months ago the government was still talking about no deal being better than a bad deal. MPs were fighting for a meaningful vote […]

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    Baroness Jones: I’m worried about what Brexit means for our rights

Baroness Jones: I’m worried about what Brexit means for our rights

Brexit poses a severe danger to civil liberties. There are many things about the government’s version of the EU Withdrawal Bill that even proponents of Brexit should be worried about, writes Jenny Jones (Baroness Jones of Moulsecoomb)

Brexit is turning our world on its head. It will dominate our political, economic and social future. It’s undoubtedly dominating Parliament’s attention at the moment, and […]

The Lords have just raised the bar on the defence of rights and the rule of law in the Brexit process

The success of the Lords’ amendment to the EU (Withdrawal) Bill on Henry VIII powers is very important, writes Joelle Grogan (Middlesex University). It introduces a test of objective necessity that would stop ministers making changes to law at their sole discretion. Whether it will survive the parliamentary ‘ping-pong’ between the two Houses is, however, uncertain.

On 25 April, the […]

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    The powers of the Lords in Brexit are substantial but unlikely to be used to full effect

The powers of the Lords in Brexit are substantial but unlikely to be used to full effect

The Prime Minister suffered a big defeat in the House of Lords yesterday as peers endorsed requiring ministers to consider customs union membership post-Brexit. While this shows that the powers of the House of Lords in the Brexit process are substantial, they are unlikely to be used to full effect, explains Richard Reid (University of Oxford).

Yesterday (Wednesday) the House of Lords moved to the Report […]

Majority (mis)rule and the problem with naturalisation for UK citizens in the EU

Will Britons living in other EU member states have the opportunity to naturalise? Dora Kostakopoulou says this would be a potentially fraught and divisive policy option, particularly for those living in states that do not allow joint citizenship. Instead, she argues, we should reconsider the legitimacy of a narrow majority vote that deprived millions of EU citizens, UK and non-UK, of fundamental […]

EFTA’s model of compliance would struggle to accommodate the UK

Would the Norway model mean the UK was subject to the rulings of a foreign court? Morten Kinander (Norwegian Business School) responds to Øyvind Bø’s recent post for LSE Brexit. Yes, EFTA states are subject to the decisions of their Surveillance Authorities, but they are not formally bound by them in the sense that the state is subject to sanctions. This is […]

Why Britain’s habit of cherry-picking criminal justice policy cannot survive Brexit

The European Arrest Warrant is important to Theresa May. But, as Auke Willems (LSE) explains, it will be difficult to negotiate the pan-European security co-operation she wants unless Britain is prepared to cross the ‘red line’ of recognising the European Court of Justice, as well as the Charter of Fundamental Rights.

Cooperation on matters of police and criminal law – or […]

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    Should the UK choose the ‘Norway model’, it would still be subject to the jurisdiction of a foreign court

Should the UK choose the ‘Norway model’, it would still be subject to the jurisdiction of a foreign court

Many commentators consider the EEA to be the best option for Brexit when it comes to financial services. However, access to the financial markets through the EEA Agreement would not come for free, argues Øyvind Bø. He writes that EFTA Court’s judgments are one of the fundamental pillars of the EEA Agreement, in a similar manner that the European Court of Justice […]

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    Long read | EU citizens in the UK are in a particularly weak position and need an independent authority to monitor their rights

Long read | EU citizens in the UK are in a particularly weak position and need an independent authority to monitor their rights

The Brexit Withdrawal Agreement has been unveiled, and there are serious limitations to the future protections of EU citizens living in Britain after Brexit. As things stand now, EU citizens risk falling into an implementation gap created by the limitations to bottom-up enforcement, and the limits of international dispute settlement. In this blog, Stijn Smismans (Cardiff University) argues that EU citizens in […]

How trade unions are mobilising around the challenges of Brexit

Not all trade unionists wanted to stay in the EU. Nonetheless, Brexit poses a number of challenges for the labour movement. Steve French (Keele University) looks at the three areas on which unions plan to campaign – the regional and sectoral impacts of leaving the EU, and the risk that future free trade agreements will be negotiated with corporate rather […]