Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association

Posted July 11th, 2016 in brexit, constitutional law, EC law, elections, news, referendums, treaties by sally

‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’

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UK Constitutional Law Association, 9th July 2016

Source: www.ukconstitutionallaw.org

In full: The letter from 1,000 lawyers to David Cameron over EU Referendum – The Independent

Posted July 11th, 2016 in barristers, brexit, EC law, news, referendums, treaties by sally

‘More than 1,000 lawyers have signed a letter addressed to Prime Minister David Cameron saying the EU referendum result is merely “advisory” and not legally binding.’

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The Independent, 11th July 2016

Source: www.independent.co.uk

Bar chairman warns on post-Brexit practising rights – Legal Futures

‘The ramifications of leaving the European Union are likely to be wide-ranging and could restrict the ability of barristers to practise outside England and Wales, the chairman of the Bar Council has warned.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

Has the rule of law ever been more important? – Legal Futures

Posted July 5th, 2016 in brexit, EC law, judiciary, news, referendums, rule of law by sally

‘Post-Brexit the separation of powers could be said to be all that is holding this nation together. The Executive is in tatters and Parliament has entered a hiatus without an effective opposition. The only element of our constitutional framework which carries on without pause is the judiciary. It’s a moving proposition to think that those who daily work in courts and public services decimated by cuts are the ones who right now form the only fully functioning element of government.’

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Legal Futures, 4th July 2016

Source: www.legalfutures.co.uk

Brexit: Legal steps seek to ensure Commons vote on Article 50 – BBC News

‘A law firm is taking action to ensure the formal process for the UK leaving the EU is not started without an act of Parliament.’

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BBC News, 4th July 2016

Source: www.bbc.co.uk

What now for human rights in the UK post-Brexit? – Halsbury’s Law Exchange

Posted July 5th, 2016 in bills, brexit, constitutional reform, courts, EC law, human rights, news, treaties by sally

‘Theresa May, expected to shortly emerge as the “stop Boris” prime ministerial candidate in this post-referendum world, kept her head down during the Brexit campaign apart from one notable intervention.’

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Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’

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The Independent, 4th July 2016

Source: www.independent.co.uk

BREXIT: UK net neutrality guidance could differ from the EU’s, says expert – OUT-LAW.com

Posted June 29th, 2016 in brexit, EC law, internet, news, referendums, telecommunications by sally

‘The UK could set out its own guidance on net neutrality in light of the country’s decision to leave the EU, an expert has said.’

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OUT-LAW.com, 28th June 2016

Source: www.out-law.com

What is article 50? – video explainer – The Guardian

Posted June 29th, 2016 in brexit, EC law, news, referendums, treaties by sally

‘The only legal way for a Brexit – or for any member state to withdraw from the European Union – is by triggering an obscure and controversial clause in the Lisbon Treaty: article 50. It gives the departing country two years to negotiate the terms of its withdrawal and has never been used before. Tom Clark explains how it works’

Video

The Guardian, 29th June 2016

Source: www.guardian.co.uk

Brexit: the fallout – Halsbury’s Law Exchange

Posted June 29th, 2016 in brexit, EC law, international relations, news, referendums by sally

‘An ironic Gallic shrug to the question on all our lips: OK so what now? The referendum debate is just getting under way. It may seem a little late but the chanteuse has yet to enter the stage to sing the final aria so nothing is concluded. Real politick has yet to stamp its mark on the concept of exiting the EU. In the meantime the Gods are laughing at the mayhem caused within the establishment by the vote.’

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Halsbury’s Law Exchange, 28th June 2016

Source: www.halsburyslawexchange.co.uk

Brexit & the Future of Data Protection Revisited – Panopticon

Posted June 29th, 2016 in brexit, data protection, EC law, news, referendums by sally

‘So five days on from the Brexit referendum and it is clear that that there is no clear, carefully thought out strategy for extricating ourselves from the EU legal edifice. If you feel that this ‘make it up as we go along’ approach to the biggest legal and political challenge which our country has faced in decades is somewhat less than satisfactory, you will be pleased to learn you are not alone.’

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Panopticon, 28th June 2016

Source: www.panopticonblog.com

Lawyers rush to reassure clients after Brexit shock – Law Society’s Gazette

‘The legal profession is today digesting the UK’s historic decision to vote to leave the European Union.’

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Law Society’s Gazette, 24th June 2016

Source: www.lawgazette.co.uk

Brexit won the vote, but for now we remain in the EU – The Guardian

Posted June 27th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, time limits by sally

‘By not triggering article 50 of the Lisbon treaty immediately after the referendum, David Cameron has bought the UK more time to negotiate terms.’

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The Guardian, 24th June 2016

Source: www.guardian.co.uk

Brexit and the Future of Data Protection – Employment Blog

Posted June 27th, 2016 in appeals, brexit, data protection, EC law, human rights, news, privacy, referendums by sally

‘As we all reel in shock at today’s news, thoughts will inevitably turn to how our impending divorce from Europe will impact on the sphere of data protection. Our own data protection laws have of course been profoundly shaped by Europe. Until yesterday, many had assumed that Europe’s control over our data protection laws would in due course become even more intensive, as we journeyed into a world in which the EU Data Protection Regulation reigned supreme across Europe. However, the clocks have stopped. The Regulation is not to become law in the UK. The future of data protection law is therefore necessarily shrouded in mystery.’

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Employment Blog, 24th June 2016

Source: www.employment11kbw.com

Brexit: EU spells out procedure for UK to leave – BBC News

Posted June 27th, 2016 in brexit, EC law, news, parliament, referendums, time limits by sally

‘The European Union has clarified the way the UK can kickstart formal negotiations to exit the bloc following Thursday’s referendum.’

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BBC News, 26th June 2016

Source: www.bbc.co.uk

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

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

Posted June 21st, 2016 in brexit, 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