ECJ status post-Brexit – Counsel
‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’
Counsel, October 2017
Source: www.counselmagazine.co.uk
Category: brexit
Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo
‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’
RightsInfo, 19th October 2017
Source: rightsinfo.org
Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association
‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’
UK Constitutional Law Association, 10th October 2017
Source: ukconstitutionallaw.org
FCA chief calls for continued cooperation in financial sector post-Brexit – OUT-LAW.com
‘The chief executive of the UK’s Financial Conduct Authority (FCA), Andrew Bailey, has called for close cooperation between regulatory bodies to ensure continuity of service for financial institutions after Brexit.’
OUT-LAW.com, 2nd October 2017
Source: www.out-law.com
House of Lords committee to look into need for Brexit transition deal – OUT-LAW.com
‘A House of Lords committee is to examine the legal basis for, and potential costs to the UK of, a time-limited Brexit transitional period.’
OUT-LAW.com, 28th September 2017
Source: www.out-law.com
The landscape for child disputes post-Brexit – Family Law
‘Resolving the complexities of family life across international borders is notoriously complex. However, with Britain’s impending withdrawal from the EU casting an unexpected shadow over the certainty of established legislation, children and their families face an additional layer of difficulty as Britain attempts to untangle itself from existing EU regulations. To manage increasing anxiety, the Government has recently published its vision of the UK’s future partnership with the EU on this key issue entitled “Providing a cross-border civil judicial cooperation framework”. What does this tell us about how international children law disputes will be decided post-Brexit? Are we any clearer as to what impact this will have on the children caught up in these disputes?’
Family Law, 14th September 2017
Source: www.familylaw.co.uk
Home Office leak shows unpicking of EU nationals’ family reunion rights – The Guardian
‘The leaked Home Office document on Britain’s post-Brexit immigration policy spells out for the first time how ending the jurisdiction of the European court of justice will weaken family reunion rights for EU nationals in Britain.’
The Guardian, 6th September 2017
Source: www.theguardian.com
Your employment rights could be put at risk through Brexit. Here’s why – The Guardian
‘Part-time and agency workers and those facing redundancy are already targeted by bosses – and the EU withdrawal bill could make them more vulnerable.’
The Guardian, 3rd September 2017
Source: www.theguardian.com
Brexit and Data Protection – Panopticon
‘Data protection lawyers and specialists have long been used to their area of expertise being treated as a rather mould-infested and irritating area of the law, like champerty but with more Schedules. Amongst other things, Brexit seems to have caused a bit of an upsurge in interest in how cross-border data flows are going to be managed in the brave new world. (Panopticon has seen articles in the last few months mentioning the GDPR and data protection after Brexit in the LRB and Private Eye, which is a bit like unexpectedly finding your girlfriend on page 3 of the Sun and the New Left Review on the same day.) HM Government have also recognised the importance of the issue, and have today published their position paper entitled ‘The exchange and protection of personal data’.It is fair to say that the 15 pages that you print off are not ram-packed (to use Mr Corbyn’s famed train-based term) with unexpected surprises, or indeed a huge amount of detail. There will doubtless be complaints about this, but to be fair, what the UK would like from the EU in the data protection is hardly rocket science. It spends a good deal of space explaining the importance of ensuring good levels of data protection, and enabling cross-border data flows, whilst also making quite an effort to emphasise how keen the UK has been, and still is, on being at the forefront of data protection. It even suggests that the DPA 1998 implemented the Directive beyond the minimum required; perfectly fairly it points out that the DPA didn’t have to cover law enforcement data processing but chose to do so, and surely our European friends will not be so impolite as to note, for example, the need for the Court of Appeal to strike down bits of the DPA as not properly implementing the Directive in Vidal-Hall…’
Panopticon, 24th August 2017
Source: panopticonblog.com
The UK and the CJEU after Brexit – Law & Religion UK
‘Amid much media speculation, the Government has published its position paper on post-Brexit relations between the UK and the Court of Justice of the European Union.’
Law & Religion UK, 23rd August 2017
Source: www.lawandreligionuk.com
Abducted UK children at greater risk if legal ties cut, Brexit officials say – The Guardian
‘Parents in the UK would find it “much more difficult” to recover abducted children if Britain fails to persuade the EU to continue legal cooperation after Brexit, according to government officials detailing their latest plans.’
The Guardian, 22nd August 2017
Source: www.theguardian.com
UK will keep ‘half an eye’ on ECJ rulings after Brexit, says justice minister – The Guardian
‘Justice minister Dominic Raab has conceded the UK would keep “half an eye” on rulings by the European Union’s highest court after Brexit as the government appeared to soften its stance on how heavily the bloc would influence UK law.’
The Guardian, 23rd August 2017
Source: www.theguardian.com
UK offers climbdown on European courts deciding cross-border cases – The Guardian
‘Britain will be subject to the rulings of European courts after Brexit, the government has conceded, in an apparent climbdown from its promise of judicial independence.’
The Guardian, 21st August 2017
Source: www.theguardian.com
Ex-legal chief attacks Theresa May’s ‘foolish’ claim on European court of justice – The Guardian
‘Theresa May’s Brexit strategy has been thrown into new doubt as a former head of the government’s legal services ridicules the prime minister’s claim that the UK can break free of all European laws while continuing to reap the economic benefits of the EU’s single market.’
The Guardian, 19th August 2017
Source: www.theguardian.com
Why are judges worried about the ECJ’s post-Brexit role? – The Guardian
‘The country’s most senior judge has called for government guidance amid fears over legal precedents and the status of long-running cases.’
The Guardian, 8th August 2017
Source: www.theguardian.com
Of course judges are worried about Brexit: their position is as clear as mud – The Guardian
‘The government must offer some clarity on the judiciary’s relationship to the ECJ – because the Brexit bill itself is ambiguous, and will lead to uncertainty all round.’
The Guardian, 8th August 2017
Source: www.theguardian.com
Judge calls for clarity on status of ECJ rulings in UK after Brexit – The Guardian
‘The government must provide clarity on whether it wants UK courts to take into account rulings of the European court of justice after Brexit, one of Britain’s most senior judges has said.’
The Guardian, 8th August 2017
Source: www.theguardian.com
Law Pod UK Episode 6: The European Withdrawal Bill, and its likely impact on environmental standards – 1COR
‘David Hart talks to Rosalind English about the likely impact of the European Withdrawal Bill, and in particular the concerns about the knock on effects it might have on existing environmental standards after BREXIT.’
Law Pod UK, 26th July 2017
Source: audioboom.com
