UK and European law

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    Long read | There are yet more problems with the EEA EFTA No Deal Citizens’ Rights Agreement

Long read | There are yet more problems with the EEA EFTA No Deal Citizens’ Rights Agreement

In a previous blog post, Michael-James Clifton (EFTA Court) argued that the UK has not notified its intention to leave the EEA as required. He has also written on the ‘EEA EFTA Separation Agreement’ agreed on 20th December 2018 and its significant problems (here). In this article, he addresses an alternative draft treaty: the ‘EEA EFTA No Deal Citizens’ Rights Agreement’ published on 8th February […]

  • may european parliament
    Permalink Theresa May at the European Parliament, February 2019. Photo: <a href="https://www.flickr.com/photos/european_parliament/40059765703/"European Parliament</a>. <a href=CC-BY-4.0: © European Union 2019 – Source: EP." />Gallery

    Extending Article 50: the key legal issues

Extending Article 50: the key legal issues

Sam Fowles (Cornerstone Barristers) looks at the ramifications of extending the Article 50 period. Unless the UK leaves the EU before 1 July, it must either hold European Parliament elections or seek a change in the Treaty on European Union.

With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and her application […]

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    Long read | Beyond tariffs: what ‘No Deal’ would mean for the Irish border

Long read | Beyond tariffs: what ‘No Deal’ would mean for the Irish border

Whether at 11pm on 29 March or at a later date, in the absence of the Withdrawal Agreement being approved or Article 50 being revoked, the UK and the EU will find themselves in a ‘no deal scenario’. Given that the joint UK and EU commitment to avoid a hard Irish border was behind the backstop that proved so […]

Dismantling the EU’s environmental policy will not be easy – though some will try

After 40 years of shared environmental policy, disentangling the UK’s acquis will be difficult – though some will want to try. Charlotte Burns (University of Sheffield) says a number of obstacles stand in their way: devolution, pressure from the public and NGOs and a lack of capacity in the civil service.

The environment, which was largely ignored during the referendum […]

The EU is a default empire of nations in denial

Wolfgang Streeck argued last week on LSE Brexit that the EU was a ‘liberal empire’ that is about to fall. Peter Ramsay (LSE) suggests that the EU is a very particular type of empire, one that has arisen from the political decline of the nations that comprise it, and that this explains the tortured politics of Brexit.

 

Wolfgang Streeck does the […]

Escaping from the Brexit nightmare: the judicial review route

It is difficult to see how the government could legally justify a decision not to seek an extension of negotiations under Article 50, argues Philip Allott (Cambridge University), given that it would have to rely on political rather than legal considerations to avoid responsibility for the damage that could be caused by that failure.

There are many people who honestly […]

  • nicola sturgeon
    Permalink Scottish First Minister Nicola Sturgeon takes a selfie with a fan in Partick, 2017. Photo: <a href=Tom Donald. Public domain" />Gallery

    Brexit is forcing the UK to confront its territorial governance

Brexit is forcing the UK to confront its territorial governance

Since devolution the UK has resembled a state with a quasi-federal constitution. But Brexit is forcing the country to confront its unresolved tensions, writes Tom Mullen (University of Glasgow). The Conservative government’s restrictions on devolved competence in Scotland, and the crisis over the Northern Irish border, show the folly of behaving as if the UK is still a unitary […]

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    What lies ahead is a Brexeternity of difficult and tetchy negotiations between the UK and the EU

What lies ahead is a Brexeternity of difficult and tetchy negotiations between the UK and the EU

Even if No Deal doesn’t happen, there will be years and years of rows with the EU and political divisions in the UK. Denis MacShane argues that the briefest of readings of the Political Declaration attached to the UK-EU deal reveals that an eternity of difficult, tetchy negotiations lies ahead as the UK and EU try and fashion a new modus […]

Brexit could prove to be Britain’s constitutional moment

Brexit is a major constitutional change. It creates considerable constitutional uncertainty, but also an opportunity. It could prove Britain’s constitutional moment. Vernon Bogdanor argues that just as joining the EU fundamentally altered the UK constitution, so Brexit could, by exposing the very nakedness of Britain’s uncodified arrangements, prove a catalyst for a written constitution.

During the period of membership of the European […]

The EEA EFTA Separation Agreement – problems galore

The UK’s proposed mode of separation from the EEA Agreement is riddled with legal flaws, writes Michael-James Clifton (EFTA Court). He contends that the draft EEA EFTA Separation Agreement is improperly structured in terms of its Contracting Parties, and that there are competence problems as regards its substantive scope. In this post, he addresses the draft EEA EFTA Separation Agreement’s brittle provisions […]