Neil Walker: The Brexit Vote: The Wrong Question for Britain and Europe – UK Constitutional Law Association

‘Referendums are supposed to provide decisive interventions in the affairs of state. They are designed to produce clear ‘yes or no’ answers to large political questions. And as these answers also come with a rare level of popular endorsement, this should facilitate their effective and timely implementation.’

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UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

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Worker protection – does it come from the UK or the EU? – OUP Blog

Posted June 21st, 2016 in EC law, employment, news by sally

‘There have been a number of contradictory claims made by politicians and in the media as to where our employment laws and worker protection come from, and whether they are European or home grown. Which is correct.’

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OUP Blog, 19th June 2016

Source: www.blog.oup.com

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What are the legal implications if Britain votes leave? – The Guardian

Posted June 21st, 2016 in constitutional reform, EC law, news, notification, referendums by sally

‘Even if the electorate decides against the EU on Thursday, there will still be several legal obstacles confronting the Brexiteers before they can achieve their goal.’

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The Guardian, 21st June 2016

Source: www.guardian.co.uk

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Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

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Six Pump Court, 13th June 2016

Source: www.6pumpcourt.co.uk

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EU court rejects child benefits challenge – BBC News

Posted June 14th, 2016 in benefits, children, EC law, immigration, news, social services, tax credits by sally

‘A challenge to the UK’s right to deny some EU migrants child benefit and child tax credits has been rejected by European judges.’

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BBC News, 15th June 2016

Source: www.bbc.co.uk

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Hold Me Close, I’m an Academic – Panopticon

‘If I am an extremely well-regarded academic at Cambridge (don’t snigger at the back, I could be) and due to my eminence I do some unpaid voluntary work for a major international group (here, the Inter-Governmental Panel on Climate Change), the work in relation to which I do over my university email account, are those emails held by the University under the Environmental Information Regulations 2004 (“EIR”)?’

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Panopticon, 10th June 2016

Source: www.panopticonblog.com

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R+V Versicherung AG v Robertson & Co SA – WLR Daily

R+V Versicherung AG v Robertson & Co SA [2016] EWHC 1243 (QB)

‘The claimant reinsurer, a German company, engaged the defendant, a Swiss company, to provide loss-adjusting services in joint instruction with another reinsurer, AIG, a New Zealand-based company, which was already instructing the defendant. When a dispute arose between the claimant and the defendant concerning the performance of its loss-adjusting services, the claimant brought proceedings in England on the basis that it had contracted with the defendant on terms contained in a master agreement made between the defendant and another AIG company which provided for application of English law and the exclusive jurisdiction of the English courts. The claimant served the proceedings on the defendant, relying on article 23 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007. The defendant, denying that the terms of the master agreement had been incorporated into its contract with the claimant, applied to set aside service of the proceedings for want of jurisdiction.’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

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EU referendum: Voter registration extension could face legal challenge – Daily Telegraph

Posted June 9th, 2016 in EC law, internet, judicial review, news, referendums, time limits by sally

‘The EU referendum could face a legal challenge after the deadline for voter registration was extended by 48 hours when a Government website crashed.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

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Filling the void: the Brexit effect on employment law – OUP Blog

‘Having been cast as unnecessary “red tape”, a burden on business, inflexible, uncompetitive and inefficient, it is widely assumed that a sizeable number of domestic employment laws derived from European Law will be in the firing line in the event of a Brexit. In a well-publicised written opinion produced for the TUC, the leading labour law barrister, Michael Ford QC, has provided some support for this assumption. He noted the vulnerability of these EU-derived employment rights and labour laws, and divided and categorised them according to whether a future UK government would be likely to repeal, dilute or preserve them. In this blog, I will probe what might fill any void created by the removal of employment rights rooted in EU law. Surprisingly, the common law would appear to have as significant a role to play as domestic legislation in this context. The potential involvement of the common law is somewhat paradoxical, particularly in light of its perceived ‘undemocratic’ credentials, it being a source of law crafted incrementally by unelected judges.’

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OUP Blog, 7th June 2016

Source: www.blog.oup.com

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EU Court rules no jail for illegal migrants – BBC News

Posted June 8th, 2016 in deportation, detention, EC law, immigration, news, time limits by sally

‘Non-EU migrants illegally entering an EU state in the Schengen zone should not face detention on those grounds, says the European Court of Justice.’

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BBC News, 7th June 2016

Source: www.bbc.co.uk

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Popular zoo animals could be banned under EU rules amid fears about them escaping – Daily Telegraph

Posted June 6th, 2016 in animals, EC law, environmental protection, news by sally

‘Popular zoo animals including raccoons and chipmunks could be banned from collections under EU rules amid concerns about them escaping and setting up home, it has been claimed.’

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Daily Telegraph, 6th June 2016

Source: www.telegraph.co.uk

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Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469

‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

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The UK’s “New Settlement” within the EU – A Reform Package for the Whole Union – Henderson Chambers

Posted June 2nd, 2016 in constitutional reform, EC law, news, referendums by sally

‘The Decision of the Heads of State or Government meeting within the European Council, which was annexed to the Conclusions of the European Council of 18 and 19 February 2016, describes the arrangements it contains as “a new settlement for the United Kingdom within the European Union”. The Decision does, of course, offer the UK a new settlement, responding systematically, and generously, to the four points raised by Mr Cameron in his letter of 10 November 2015 to Mr Donald Tusk, the European Council President. But it does more than that. The view I want briefly to develop this afternoon is that the Decision represents an important reform package, from which the EU as a whole will benefit immensely, if only it comes into force. And that depends on the vote on 23 June.’

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Henderson Chambers, 19th May 2016

Source: www.hendersonchambers.co.uk

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Senior EU lawyer backs workplace ban on Muslim headscarves – The Guardian

‘Companies should be free to ban Muslim women from wearing headscarves at work if they have a general policy barring all religious and political symbols, a senior EU lawyer has said.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk

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State aid ruling will help inform future investment of public funds, say experts – OUT-LAW.com

Posted May 25th, 2016 in appeals, competition, EC law, loans, local government, news, sport, state aids by sally

‘A recent ruling by the Court of Appeal in London will help public bodies invest public funds into business ventures without breaching state aid rules.’

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OUT-LAW.com, 23rd May 2016

Source: www.out-law.com

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FCA warns banks on use of anti-money laundering rules to close accounts – The Guardian

Posted May 25th, 2016 in banking, charities, competition, EC law, fines, money laundering, news by sally

‘UK banks have been told by the City regulator they should not use anti-money laundering rules as an excuse to close accounts for charities, politicians and other clients just because they perceive them as risky.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

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Expats lose Supreme Court bid for EU referendum vote – BBC News

‘Two Britons living abroad have lost their Supreme Court battle over the right to vote in June’s EU referendum.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk

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UK competition authorities to be given ‘more powers’ – OUT-LAW.com

Posted May 23rd, 2016 in auditors, bills, competition, consultations, EC law, enforcement, news by sally

‘Competition authorities in the UK are to be given new powers to combat anti-competitive behaviour, according to plans set out in the Queen’s Speech on Wednesday.’

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OUT-LAW.com, 19th May 2016

Source: www.out-law.com

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New tobacco laws comes into effect with standardised packaging and no menthol cigarettes – The Independent

Posted May 20th, 2016 in EC law, news, smoking by tracey

‘A new EU law has come into effect that will change the way people buy cigarettes and other tobacco products.’

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The Independent, 20th May 2016

Source: www.independent.co.uk

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Agricultural Subsidies – Fraudulent Claims – 36 Bedford Row

Posted May 16th, 2016 in agriculture, EC law, fraud, news by sally

‘This is a very busy time of year for farmers applying for their subsidies under the Basic Payment Scheme. In England the Rural Payment Agency administers the Basic Payment Scheme whereby farmers complete a single application form for farm subsidies. The deadline for 2016 is 16 May 2016.’

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36 Bedford Row, 12th May 2016

Source: www.36property.co.uk

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