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

Brexit brainstorming: immigration analysis – New Law Journal

Posted May 11th, 2016 in brexit, citizenship, EC law, freedom of movement, immigration, news, referendums by sally

‘How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC.’

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New Law Journal, 6th May 2016

Source: www.newlawjournal.co.uk

Straining out a Gnat and Swallowing a Camel: The Convention, the Charter and Mrs May – UK Human Rights Blog

Posted May 6th, 2016 in brexit, constitutional law, EC law, human rights, news by tracey

‘In a speech about Brexit last week, the Home Secretary shared what she called her “hard-headed analysis”: membership of an unreformed EU makes us safer, but – beware the non-sequitur – we must withdraw from the European Convention on Human Rights, which does not.’

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UK Human Rights Blog, 6th May 2016

Source: https://ukhumanrightsblog.com

Brexit – what will happen to the UK’s environmental policy? – Cloisters

‘If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question.’

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Cloisters, 7th April 2016

Source: www.cloisters.com

High Court to hear British expats’ Brexit case today – Daily Telegraph

Posted April 20th, 2016 in brexit, domicile, EC law, freedom of movement, news, referendums, time limits by sally

‘British expats living in Europe are today heading to the High Court in the hope of forcing the Government to let millions of them vote in the EU referendum.’

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Daily Telegraph,

Source: www.telegraph.co.uk

The Legal Mechanics of Brexit – 11 KBW

Posted March 14th, 2016 in brexit, EC law, legislation, news, referendums, treaties by sally

‘This paper will offer some crystal ball gazing about how Brexit might take legal effect. It is necessarily speculative and uncertain. It looks at:-
(1) the referendum;
(2) withdrawal from membership of the EU under the Treaty for European Union (“TEU”);
and
(3) the effect of the European Communities Act 1972 (“the ECA”).’

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11 KBW, 1st March 2016

Source: www.11kbw.com

Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise – UK Constitutional Law Association

Posted October 7th, 2015 in bills, brexit, constitutional law, EC law, elections, news, referendums by sally

‘In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading in the House of Lords is scheduled for 13 October 2015. Following the recommendation of the Electoral Commission, the initially proposed question: ‘Should the UK remain a member of the European Union?’ was replaced with an arguably more neutral question: ‘should the UK remain a member of the European Union or leave the European Union’.’

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UK Constitutional Law Association, 7th October 2015

Source: www.ukconstitutionallaw.org

Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org