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

Police log fivefold rise in race-hate complaints since Brexit result – The Guardian

Posted July 1st, 2016 in news, racism, referendums by tracey

‘Incidents of racism in the wake of the EU referendum result have increased dramatically, according to the latest figures.’

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The Guardian, 30th June 2016

Source: www.guardian.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

Would a second EU referendum be undemocratic? – UK Human Rights Blog

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

‘It is only four days since the UK public narrowly voted to leave the European Union. A lot of people are now arguing for a second referendum. But would that be democratic?’

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UK Human Rights Blog, 28th June 2016

Source: www.ukhumanrightsblog.com

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

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

‘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.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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

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

‘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.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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

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

‘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?’

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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.’

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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.’

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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.’

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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

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.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

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