‘Medical device manufacturers should put a plan in place for using the new “UKCA” mark on their products – despite new legislation being put forward to allow EU-derived ‘CE’ markings to continue to be relied upon when selling such products in Britain for years to come.’
OUT-LAW.com, 5th May 2023
Source: www.pinsentmasons.com
‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’
Each Other, 6th April 2023
Source: eachother.org.uk
‘The House of Commons European Scrutiny Committee published its findings on its latest analysis of the EU laws that could impact the UK on 4 April, which warns that cross-border cooperation between UK and EU police could end if proposed changes to the EU rules on police database information sharing enter into force without a deal to update the UK–EU Trade and Cooperation Agreement (TCA).’
Solicitors Journal, 5th April 2023
Source: www.solicitorsjournal.com
‘The Windsor Framework (WF) concluded between the UK and EU to resolve the difficulties associated with the Irish Border reflects a significant compromise, with the UK giving the most ground. The brainchild of a more pliant and technocratic Prime Minister than his two predecessors, Rishi Sunak’s WF is in many respects an agreement that should never have been needed. The new arrangement essentially compels the EU to do what it should have done under the original Northern Ireland Protocol, i.e. impose no unreasonable barriers to trade between Great Britain (GB) and Northern Ireland (NI) while maintaining sufficient safeguards that its Single Market would not be flooded with UK goods.’
City Law Forum, 10th March 2023
Source: blogs.city.ac.uk
‘The Bill of Rights Bill which is currently before Parliament aims, at least in some respects, to weaken the link between domestic courts and the ECtHR. Many predicted the Bill might seek to do this, and it has provoked considerable controversy. Though clauses 3(1) and 3(2) of the Bill are not without their critics, the controversy has mainly focused on clause 3(3)(b), which provides that the domestic courts “may adopt an interpretation of the right that diverges from Strasbourg jurisprudence”, and on clause 3(3)(a), which provides that domestic courts “may not adopt an interpretation of the right that expands the protection conferred by the right unless the court has no reasonable doubt that the European Court of Human Rights would adopt that interpretation if the case were before it”.’
UK Constitutional Law Association, 14th March 2023
Source: ukconstitutionallaw.org
‘Under the EU settlement scheme, millions of EU, EEA and Swiss nationals have been granted “digital-only” immigration status. Instead of having physical documentation to prove their immigration status, these individuals must rely on an online proof-of-status service through the GOV.UK website. We wanted to examine whether individuals with this form of “digital only” status are disadvantaged in the private rented sector by exploring the decision-making behaviour of English landlords when choosing between prospective tenants. The so-called “Right to Rent” policy requires English private landlords to check the immigration status of a tenant or lodger, to ensure they can legally rent their property. In practice, this happens by inspecting their proof of ID. We therefore had two questions. First, are the tenant preferences of English private rented sector landlords influenced by ID status? Second, to what extent is ID status a significant factor in English private rented sector landlord preferences, relative to factors already known to influence landlord decision-making (such as age, gender, ethnicity, and occupation)?’
Constitutional Law Association, 14th March 2023
Source: ukconstitutionallaw.org
‘Fresh proposals for data protection reform in the UK are to be unveiled by the UK government, with the existing Data Protection and Digital Information Bill before parliament set to be dumped, it is being reported.’
OUT-LAW.com, 3rd March 2023
Source: www.pinsentmasons.com
‘Confusion has arisen around the British government’s own understanding of its citizenship laws, following a judgment by the UK’s high court. In a ruling handed down on January 20 2023, in the case of Roehrig v Secretary of State for the Home Department, Mr Justice Eyre determined that the restrictive approach applied by the Home Office since 2000 to how the children of EU nationals automatically acquire citizenship is the correct interpretation of the law.’
EIN Blog, 28th February 2023
Source: www.ein.org.uk
‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’
UK Constitutional Law Association, 21st February 2023
Source: ukconstitutionallaw.org
‘While there are concerns about the proposed speed of reform under the Retained EU law bill, divergence from certain aspects of the EU’s legal and regulatory approach to life sciences could place the UK at an advantage and offer opportunities for industry.’
OUT-LAW.com, 17th February 2023
Source: www.pinsentmasons.com
‘A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.’
BBC News, 16th February 2023
Source: www.bbc.co.uk
‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’
UKSC Blog, 8th February 2023
Source: ukscblog.com
‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’
BBC News, 8th February 2023
Source: www.bbc.co.uk
‘On 20 January 2023, Eyre J (“the judge”) handed down judgment in R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin). The judge dismissed the claim. The challenge raised questions of statutory interpretation of the British Nationality Act 1981 (“the BNA 1981”) and the interrelationship between that statutory scheme and the status of EU nationals exercising free movement rights before Brexit. The judgment is likely to have significant consequences for a cohort of individuals claiming British citizenship on the basis of being born in the UK to EU nationals exercising free movement rights.’
EIN Blog, 24th January 2023
Source: www.ein.org.uk
‘The Subsidy Control Act 2022 is now, as of 4 January 2023, in force. The regime under the Act reflects the subsidy control chapter of the Trade and Cooperation Agreement which has governed UK subsidies since Brexit. This article provides a summary of the key changes made by the Act and how the regime will operate.’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’
Each Other, 4th January 2023
Source: eachother.org.uk
‘For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise as a British citizen. Many of those who seek to naturalise are nationals of EU countries, or their family members, who began their residence in the UK prior to Brexit and obtained residence rights on that basis. Issues and uncertainties can arise during a naturalisation application which are specific to EU and EEA citizens, and below we take a look at the most common of these.’
EIN Blog, 13th December 2022
Source: www.ein.org.uk
‘Emma-Louise Fenelon speaks with Jonathan Jones about recent developments in UK public law and the Constitution. The discussion covers recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and standards and ethics in public life.’
Law Pod UK, 12th December 2022
Source: audioboom.com
‘Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bingham referred to in Robinson as a “persisting vacuum in the conduct of devolved government” (para 15). Its extended duration under the 2022 legislation was intended to provide a sufficient window after an election for a new power sharing administration to be formed, but to keep a count-down to new elections in place to focus Northern Ireland’s major parties towards that end. This arrangement, however, has proven no more effective as an impetus than the terms that it replaced.’
UK Constitutional Law Association, 29th November 2022
Source: ukconstitutionallaw.org
‘Facebook and Instagram have asked for government protection from Jacob Rees-Mogg’s bonfire of up to 4,000 EU laws on post-Brexit statute books. In a letter to a parliamentary committee to be published on Friday, the parent group, Meta, asks that laws underpinning social media firms are either “explicitly maintained elsewhere” or “removed from the scope” of the retained EU law (revocation and reform) bill.’
The Guardian, 25th November 2022
Source: www.theguardian.com
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