UK and European law

Understanding the ‘People’s Challenge’, part 2: the how and why of prerogative power

The question of prerogative power is at the heart of the ‘People’s Challenge’ currently before the High Court. Does the government have the power to invoke Article 50 without consulting Parliament? In the first part of her analysis for the Oxford Human Rights Hub, Alison Young looked at the government’s argument that the courts do not have jurisdiction over […]

Understanding the ‘People’s Challenge’: does Theresa May need Parliament’s approval to trigger Brexit?

The High Court is currently hearing a challenge to the government’s position that it can trigger Article 50 of the Treaty on the European Union by prerogative, without the approval of Parliament. The skeleton argument of one of the intervenors in this case – ‘The People’s Challenge IPs’ – and the response of the government are now online. In a post […]

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    EU law should not be regarded as fundamental from the perspective of common law

EU law should not be regarded as fundamental from the perspective of common law

Mark Elliott’s view is that, as a matter of law, the arguments around whether legislation is needed or whether the prerogative can be used are finely balanced, but that the better view is that legislation is not required. In policy terms, however, the case for parliamentary involvement in or a referendum on any eventual Brexit deal is extremely strong. This post briefly responds […]

Will UK citizens have to pay to visit the EU after Brexit?

Following a Guardian article on Saturday, and the Home Secretary’s confirmation on Sunday, it’s clear that the EU is planning to institute some kind of Electronic System of Travel Authorisation (ESTA) in future, which could well apply to UK citizens visiting the EU after Brexit. In this post, Steve Peers examines the background, context, and consequences of the proposition.
What is an ESTA?

First […]

  • Permalink Theresa May with the Polish PM Beata Szydło in Warsaw Gallery

    The Brexit negotiations: the UK government will have incentives to compromise

The Brexit negotiations: the UK government will have incentives to compromise

Britain’s exit from the EU will require not just a single deal, but at least six interlocking sets of negotiations. Charles Grant writes in the CER Insight that if the British government wants the talks to run smoothly, it will need to earn the goodwill not only of the countries in the EU, but also of those in the World Trade Organisation (WTO).
The […]

Brexit will lead to more, not less immigration

As the implications of the Brexit vote sink in, one of its few positive effects is that suddenly the debate around immigration, freedom of movement and EU citizenship has matured. Michał P. Garapich argues, however, that Brexit will in fact lead to more, not less immigration because migrants tend to think strategically. Freedom of movement guarantees that migrants can respond to economic demand quickly: […]

Getting out quick and playing the long game: a three-step plan for a rapid Brexit

The referendum result sent a clear signal that the British wish to leave the EU, write Damian Chalmers and Anand Menon. In this Open Europe report, they set out a plan that would see us depart in 2018 and enter a transitional period during which the longer-term agreement would be negotiated. Only migrants with the offer of a full-time job or […]

How much do non-EU countries give up for access to the single market? More than Brexiteers will like

Theresa May’s government has not yet indicated the kind of new relationship it wishes to achieve with the EU. However, a crucial element of any new relationship will concern access to the EU’s single market. Four non-EU countries (Iceland, Liechtenstein and Norway through the European Economic Area; Switzerland through bilateral agreements) have wide-ranging access to the single market. In a post that […]

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    Why there should be a general election before Article 50 is triggered

Why there should be a general election before Article 50 is triggered

The Conservative Party is currently selecting a new leader who is expected to trigger Article 50 and begin the process of the UK leaving the European Union. Kenneth Armstrong writes that as the UK will need to set out what sort of new relationship it wants with the EU, there is a clear case for an early general election […]

Is red tape a reason to quit the EU? Hardly

Business leaders – notably James Dyson and the CEO of JCB – have cited the scale of EU regulation as a reason to leave, and voters have been persuaded. Yet some of this criticism is unjustified, writes Simeon Djankov. Indeed, the UK was instrumental in setting up the European Commission’s Regulatory Scrutiny Board, whose purpose is to clamp down on unnecessary […]