Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland? – UK Constitutional Law Association

Posted February 19th, 2019 in brexit, constitutional law, EC law, Ireland, news, Northern Ireland by sally

‘If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the most significant provisions of the Withdrawal Agreement, Article 4, purports to give the entire contents of the Withdrawal Agreement special status within the UK’s constitutional order. Even though the UK would no longer be a Member State, the effect of Article 4 (if implemented) would be to give all of the laws within the Withdrawal Agreement the equivalent legal effect of EU law within a Member State. As a result, the Protocol on Ireland and Northern Ireland (the Protocol), which forms part of the Withdrawal Agreement, would be supreme over any other domestic legislative provisions, and any provisions of the agreement which meet the conditions for direct effect would have direct effect. How the UK courts would be able to enforce this status will be determined by how the UK Parliament decides to legislate to give effect to Article 4 in the EU (Withdrawal Agreement) Act. It is probable that the Government will propose to give the courts the power to disapply domestic legislation inconsistent with the Withdrawal Agreement by replicating the effect of the European Communities Act 1972 (ECA 1972). Article 4 of the WA, as explored below, already includes the obligation to disapply provisions that contravene EU law. This post looks at the questions that might be raised if a UK court was ever asked to disapply domestic legislation on the basis that it was inconsistent with the Protocol. The potential constitutional effect of Article 4 is worth considering in view of the short time that Parliament is likely to have to consider the EU (Withdrawal Agreement) Bill. While the UK courts have been able to disapply domestic legislation since the European Communities Act 1972 (this power was more more fully explored in Benkharbouche v Sec’y of State for Foreign and Commonwealth Affairs in 2017 – see Alison Young’s helpful 2017 blog post on the outcome) was enacted, what is constitutionally novel about Article 4 is the proposal that the courts would be able to do so when the UK is no longer a Member State.’

Full Story

UK Constitutional Law Association, 19th February 2019

Source: ukconstitutionallaw.org

Is it OK to call my MP a Nazi? – Doughty Street Chambers

‘Colleague Joel Bennathan QC notes the increase in reports of abuse of those in public life, notably the recent “Nazi” slurs levelled against Anna Soubry MP in the street. But is that kind of behaviour a crime, and were the police at fault for not intervening at the time?’

Full Story

Doughty Street Chambers, 11th January 2019

Source: insights.doughtystreet.co.uk

Animal transport: where are we now with EU law? – UK Human Rights Blog

Posted February 19th, 2019 in animals, brexit, EC law, news, standards, transport by sally

‘Livestock transport has been a controversial subject in the UK for many years. Efforts by public authorities to reduce or mitigate the movement or export of live animals have hitherto foundered on the rocks of free movement of goods (see my post on TFEU Article 35). Despite the ethical controversy, the current position is that long distance transport of nonhuman animals for slaughter is lawful (Barco de Vapor BV v Thanet District Council [2015] Bus LR 593.) ‘

Full Story

UK Human Rights Blog, 18th February 2019

Source: ukhumanrightsblog.com

Government sued over no-deal ferry contracts – BBC News

Posted February 12th, 2019 in brexit, competition, contracts, news, public procurement, ships, transport by tracey

‘The government is being sued for its decision to charter firms to run extra ferries, including one with no ships, in the event of a no-deal Brexit.’

Full Story

BbC News, 12th February 2019

Source: www.bbc.co.uk

Alexandra Sinclair and Joe Tomlinson: Deleting the Administrative State? – UK Constitutional Law Association

Posted February 8th, 2019 in brexit, EC law, ministers' powers and duties, news, regulations by sally

‘A key public law discussion in recent months concerns the vast number of statutory instruments (SIs) government is using to implement Brexit. Initially, it was said by government that c.800-1,000 SIs were required. That estimate has now been revised down to c.600 (while the estimated number of SIs has decreased the size of individual SIs has also increased). This aspect of the Brexit process is worthy of study for multiple reasons, perhaps most notably because of the level of democratic scrutiny that will be (realistically) provided. In this post, we introduce one aspect of Brexit SIs that, we argue, is worthy of close attention by public lawyers: the deletion of administrative functions.’

Full Story

UK Constitutional Law Association, 7th February 2019

Source: ukconstitutionallaw.org

Brexit, Martial Law And Human Rights – Rights Info

‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’

Full Story

Rights Info, 30th January 2019

Source: rightsinfo.org

Brexit cancellation of ‘.eu’ domain names confirmed – OUT-LAW.com

Posted January 30th, 2019 in brexit, domain names, EC law, internet, news by sally

‘Businesses based in the UK that own websites rooted at the ‘.eu’ domain will have two months from the point of Brexit to transfer ownership to sister companies in the EU in a ‘no deal’ scenario, a registry for ‘.eu’ domain names has confirmed.’

Full Story

OUT-LAW.com, 30th January 2019

Source: www.out-law.com

Government issues guidance for local authorities on Brexit preparations – Local Government Lawyer

Posted January 30th, 2019 in brexit, budgets, EC law, local government, news by sally

‘The Ministry of Housing, Communities and Local Government has issued guidance to assist local authority preparedness for Brexit and announced that it will provide £56.5m in financial support to councils in England.’

Full Story

Local Government Lawyer, 29th January 2019

Source: www.localgovernmentlawyer.co.uk

The case for a referendum re-run – New Law Journal

Posted January 23rd, 2019 in brexit, constitutional law, news, political parties, referendums by sally

‘How close is Plan B for a People’s Vote? David Wolchover reports.’

Full Story

New Law Journal, 18th January 2019

Source: www.newlawjournal.co.uk

What Is The Human Rights Act And Why Is Theresa May ‘Considering Scrapping’ It? – Rights Info

Posted January 23rd, 2019 in brexit, human rights, news, repeals by sally

‘The Human Rights Act preserves all of our fundamental human rights, from the right to life to the right to privacy and the right to free speech. It is the catch-all law that states our most basic rights so all of us can fight against discrimination and injustice.’

Full Story

Rights Info, 22nd January 2019

Source: rightsinfo.org

Four key messages about EU staff and Brexit – Technology Law Update

Posted January 23rd, 2019 in brexit, EC law, employment, news, treaties by sally

‘The recent vote in the UK House of Commons to reject the EU Withdrawal Agreement may result in additional concern for EU staff and their employers in the tech sector.’

Full Story

Technology Law Update, 23rd January 2019

Source: www.technology-law-blog.co.uk

Jurisdiction after a no deal Brexit – Competition Bulletin

Posted January 23rd, 2019 in brexit, domicile, EC law, jurisdiction, news, treaties by sally

‘Time for some more speculation about the future which awaits us after 29 March. The topic this time is jurisdiction.’

Full Story

Competition Bulletin, 22nd January 2010

Source: competitionbulletin.com

Hedge fund use of private exit polls attracts City watchdog – The Guardian

Posted January 16th, 2019 in brexit, financial regulation, hedge funds, news, referendums by sally

‘The City watchdog is considering fresh guidelines around the sale of private polling data to hedge funds looking to profit from major political events such as Brexit.’

Full Story

The Guardian, 15th January 2019

Source: www.theguardian.com

CPS to test three alleged harassment cases after Soubry abused outside parliament – The Guardian

Posted January 11th, 2019 in brexit, Crown Prosecution Service, harassment, news, parliament by sally

‘Three cases of alleged harassment outside parliament have been referred to the Crown Prosecution Service after the MP Anna Soubry was repeatedly abused and blocked from entering parliament by pro-Brexit supporters earlier this week.’

Full Story

The Guardian, 10th January 2019

Source: www.theguardian.com

Parliament moves towards special inquiry into abuse of MPs – The Guardian

‘Parliament is moving towards a special inquiry into the abuse and harassment of MPs after repeated threats and other forms of intimidation in relation to Brexit and other issues.’

Full Story

The Guardian, 9th January 2019

Source: www.theguardian.com

Public test of UK settlement scheme for EU nationals to begin – OUT-LAW.com

Posted January 10th, 2019 in brexit, employment, immigration, news, pilot schemes by sally

‘The settlement scheme for EU nationals seeking to maintain their right to live and work in the UK once it leaves the EU will be extended to more individuals later this month, the government has announced.’

Full Story

OUT-LAW.com, 8th January 2019

Source: www.out-law.com

Home Secretary announces new skills-based immigration system – Home Office

Posted December 20th, 2018 in bills, brexit, EC law, freedom of movement, immigration, news by tracey

‘The Home Secretary announces a new route for skilled workers, strengthened border security and an end to free movement as part of a new immigration system.’

Full Story

Home Office, 19th December 2018

Source: www.gov.uk

Immigration: White Paper sets out post-Brexit rules for migrants – BBC News

Posted December 19th, 2018 in brexit, freedom of movement, immigration, news, remuneration, visas by sally

‘Low-skilled workers from EU countries will no longer have the automatic right to work in the UK after Brexit, under proposed new immigration rules.’

Full Story

BBC News, 19th December 2018

Source: www.bbc.co.uk

Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar” – UK Constitutional Law Association

Posted December 18th, 2018 in brexit, constitutional law, EC law, news, treaties by sally

‘The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond.’

Full Story

UK Constitutional Law Association, 17th December 2018

Source: ukconstitutionallaw.org

Environmental Law News Update – Six Pump Court

Posted December 14th, 2018 in brexit, environmental protection, news, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall, Christopher Badger and Mark Davies consider the EU Exit Legal Position on the Withdrawal Agreement and the Attorney General’s Legal Advice, the Draft National Policy Statement for Water Resources Infrastructure and an important case about the courts’ approach to the balance between private rights and the public interest.’

Full Story

Six Pump Court, 10th December 2018

Source: www.6pumpcourt.co.uk