EC law – Page 45 – Current Awareness

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.’

Panopticon, 28th June 2016

Source: www.panopticonblog.com

Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger? – UK Constitutional Law Association

Posted June 28th, 2016 in constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that Article 50 TEU will not, as previously intimated, be triggered in the immediate aftermath of the vote – there is conjecture over whether the UK’s hand can be forced to squeeze the trigger and initiate the withdrawal sequence under Article 50. On the other hand, there is some suggestion that Article 50 may not be triggered because Parliament could seek to veto notification to the European Council. We seem to have entered a Doctor Dolittle phase of push me, pull you law and politics.’

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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

Posted June 27th, 2016 in brexit, EC law, law firms, legal profession, news, referendums, solicitors, Solicitors Regulation Authority by sally

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

Law Society’s Gazette, 24th June 2016

Source: www.lawgazette.co.uk

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

Posted June 27th, 2016 in constitutional law, EC law, interpretation, news, notification, parliament, referendums, royal prerogative, statute law revision, time limits by sally

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

‘Borderline’ civil cases no longer eligible for legal aid – Law Society’s Gazette

Posted June 27th, 2016 in appeals, civil justice, EC law, human rights, immigration, legal aid, legal representation, news by sally

‘Legal aid will no longer be made available for cases with poor or borderline prospects of success that may have received funding, the government has said.’

Law Society’s Gazette, 25th 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.’

The Guardian, 24th June 2016

Source: www.guardian.co.uk

The UK is leaving – what will it mean for technology and life science businesses? – Technology Law Blog

Posted June 27th, 2016 in consumer protection, copyright, data protection, EC law, medicines, news, patents, referendums, trade marks by sally

‘After yesterday’s leave vote, the UK government will need to start the process of disentangling the country from the EU. Formal steps to trigger withdrawal under Article 50 of the EU Treaty are currently expected to await Prime Minister David Cameron’s replacement in the coming months, although informal negotiations may begin sooner. What will be the legal impact for innovative businesses?’

Technology Law Blog, 24th June 2016

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

Where does the European Court of Justice go now? – UK Human Rights Blog

Posted June 27th, 2016 in EC law, news, referendums by sally

‘“What if…?” These kinds of questions may now seem pointless in the aftermath of the victory of Leave in the EU Referendum. Instead we hear ‘What’s done is done’, ‘Leave means Leave’, ‘out is out’, etc., etc., etc.’

UK Human Rights Blog, 26th June 2016

Source: www.ukhumanrightsblog.com

LGA calls for councils to be given seat at table on replacement of EU laws – Local Government Lawyer

Posted June 27th, 2016 in budgets, EC law, local government, news, referendums by sally

‘The Local Government Association has called for councils to be given “a seat around the table” when decisions are taken over how to replace EU laws as part of the UK’s exit negotiations.’

Local Government Lawyer, 24th June 2016

Source: www.localgovernmentlawyer.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.’

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.’

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

Posted June 21st, 2016 in brexit, constitutional law, constitutional reform, EC law, news, referendums, treaties by sally

‘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.’

UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

Worker protection – does it come from the UK or the EU? – OUP Blog

Posted June 21st, 2016 in EC law, employment, news by sally

‘There have been a number of contradictory claims made by politicians and in the media as to where our employment laws and worker protection come from, and whether they are European or home grown. Which is correct.’

OUP Blog, 19th June 2016

Source: www.blog.oup.com

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.’

The Guardian, 21st June 2016

Source: www.guardian.co.uk

Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

Six Pump Court, 13th June 2016

Source: www.6pumpcourt.co.uk

Hold Me Close, I’m an Academic – Panopticon

Posted June 13th, 2016 in EC law, freedom of information, intellectual property, interpretation, news, statistics, tribunals, universities by sally

‘If I am an extremely well-regarded academic at Cambridge (don’t snigger at the back, I could be) and due to my eminence I do some unpaid voluntary work for a major international group (here, the Inter-Governmental Panel on Climate Change), the work in relation to which I do over my university email account, are those emails held by the University under the Environmental Information Regulations 2004 (“EIR”)?’

Panopticon, 10th June 2016

Source: www.panopticonblog.com

R+V Versicherung AG v Robertson & Co SA – WLR Daily

Posted June 9th, 2016 in conflict of laws, EC law, jurisdiction, law reports, service out of jurisdiction, third parties by sally

R+V Versicherung AG v Robertson & Co SA [2016] EWHC 1243 (QB)

‘The claimant reinsurer, a German company, engaged the defendant, a Swiss company, to provide loss-adjusting services in joint instruction with another reinsurer, AIG, a New Zealand-based company, which was already instructing the defendant. When a dispute arose between the claimant and the defendant concerning the performance of its loss-adjusting services, the claimant brought proceedings in England on the basis that it had contracted with the defendant on terms contained in a master agreement made between the defendant and another AIG company which provided for application of English law and the exclusive jurisdiction of the English courts. The claimant served the proceedings on the defendant, relying on article 23 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007. The defendant, denying that the terms of the master agreement had been incorporated into its contract with the claimant, applied to set aside service of the proceedings for want of jurisdiction.’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

EU referendum: Voter registration extension could face legal challenge – Daily Telegraph

Posted June 9th, 2016 in EC law, internet, judicial review, news, referendums, time limits by sally

‘The EU referendum could face a legal challenge after the deadline for voter registration was extended by 48 hours when a Government website crashed.’

Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

Filling the void: the Brexit effect on employment law – OUP Blog

Posted June 8th, 2016 in brexit, consent, consultations, contract of employment, EC law, employment, equality, news, redundancy, referendums, sex discrimination, trade unions, transfer of undertakings by sally

‘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.’

OUP Blog, 7th June 2016

Source: www.blog.oup.com

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