Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469

‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

The UK’s “New Settlement” within the EU – A Reform Package for the Whole Union – Henderson Chambers

Posted June 2nd, 2016 in constitutional reform, EC law, news, referendums by sally

‘The Decision of the Heads of State or Government meeting within the European Council, which was annexed to the Conclusions of the European Council of 18 and 19 February 2016, describes the arrangements it contains as “a new settlement for the United Kingdom within the European Union”. The Decision does, of course, offer the UK a new settlement, responding systematically, and generously, to the four points raised by Mr Cameron in his letter of 10 November 2015 to Mr Donald Tusk, the European Council President. But it does more than that. The view I want briefly to develop this afternoon is that the Decision represents an important reform package, from which the EU as a whole will benefit immensely, if only it comes into force. And that depends on the vote on 23 June.’

Full story

Henderson Chambers, 19th May 2016

Source: www.hendersonchambers.co.uk

Expats lose Supreme Court bid for EU referendum vote – BBC News

‘Two Britons living abroad have lost their Supreme Court battle over the right to vote in June’s EU referendum.’

Full story

BBC News, 24th May 2016

Source: www.bbc.co.uk

EU referendum: Two Britons lose EU vote legal bid – BBC News

Posted May 20th, 2016 in domicile, elections, freedom of movement, news, referendums, time limits by tracey

‘Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June’s EU referendum.’

Full story

BBC News, 20th May 2016

Source: www.bbc.co.uk

Brexit brainstorming: immigration analysis – New Law Journal

Posted May 11th, 2016 in brexit, citizenship, EC law, freedom of movement, immigration, news, referendums by sally

‘How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC.’

Full story

New Law Journal, 6th May 2016

Source: www.newlawjournal.co.uk

British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

Five facts you need to know about your passport – The Independent

Posted May 9th, 2016 in EC law, news, passports, referendums, time limits, visas by sally

‘As it emerged up to 80,000 Britons could be banned from US flights due to a passport changes, here are five more things you may not know about yours.’

Full story

The Independent, 6th May 2016

Source: www.independent.co.uk

Ex-pats challenge to the EU referendum voting rules – UK Human Rights Blog

‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’

Full story

UK Human Rights Blog, 28th April 2016

Source: www.ukhumanrightsblog.com

British expats lose legal battle for right to vote in EU referendum – The Guardian

‘The high court has rejected an attempt to force the government to grant millions of UK citizens living abroad a vote in this June’s EU referendum.’

Full story

The Guardian, 28th April 2016

Source: www.guardian.co.uk

Human Rights: Whether in Europe or Out – Gresham College

Posted April 27th, 2016 in constitutional law, EC law, human rights, jurisdiction, news, referendums by sally

‘With the in/out Europe vote to come (or having gone) what will the result mean for Human Rights? How is or has the debate been framed?’

Video

Gresham College, 6th April 2016

Source: www.gresham.ac.uk

Cabinet rift widens over European convention on human rights – The Guardian

Posted April 27th, 2016 in EC law, human rights, jurisdiction, news, referendums by sally

‘The cabinet split over Theresa May’s call to withdraw from the European convention on human rights has deepened, after Michael Gove’s Ministry of Justice confirmed it was not government policy.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Brexit – what will happen to the UK’s environmental policy? – Cloisters

‘If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question.’

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Cloisters, 7th April 2016

Source: www.cloisters.com

High Court to hear British expats’ Brexit case today – Daily Telegraph

Posted April 20th, 2016 in brexit, domicile, EC law, freedom of movement, news, referendums, time limits by sally

‘British expats living in Europe are today heading to the High Court in the hope of forcing the Government to let millions of them vote in the EU referendum.’

Full story

Daily Telegraph,

Source: www.telegraph.co.uk

EU referendum: Leave.EU abandons legal challenge – BBC News

Posted April 15th, 2016 in elections, news, political parties, referendums by tracey

‘A proposed legal challenge to the Electoral Commission’s decision to make Vote Leave the official Out campaign in the EU referendum has been abandoned.’

Full story

BBC News, 14th April 2016

Source: www.bbc.co.uk

Leave.EU to launch legal challenge against Electoral Commission decision to promote rival Out campaign – The Independent

Posted April 14th, 2016 in elections, news, political parties, referendums by sally

‘One of the groups campaigning to leave the European Union has said it will launch a legal challenge against a decision to designate its rival as the official Out campaign.’

Full story

The Independent, 13th April 2016

Source: www.independent.co.uk

Chilcot Inquiry into Iraq war to be vetted by spies ahead of summer publication – The Independent

‘Britain’s intelligence agencies are preparing to vet the final version of the Chilcot Inquiry’s report into the Iraq war ahead of publication this summer.’

Full story

The Independent, 10th April 2016

Source: www.independent.co.uk

EU referendum: Rules giving ‘free pass’ to terror suspects – BBC News

‘Being in the EU makes it harder for the UK to stop serious criminals and those with suspected terror links entering the country, a UK minister is to say.’

Full story

BBC News, 30th March 2016

Source: www.bbc.co.uk

EU judges could limit UK surveillance powers before referendum – The Guardian

Posted March 29th, 2016 in EC law, intelligence services, investigatory powers, news, police, referendums by sally

‘EU judges in Luxembourg could limit key powers in UK surveillance laws just weeks before Britain votes on its EU membership.’

Full story

The Guardian, 27th March 2016

Source: www.guardian.co.uk

EU referendum: Expats challenge 15-year voting restriction – BBC News

‘Two expats are challenging a decision to bar British citizens who have lived elsewhere in Europe for more than 15 years from voting in the EU referendum.’

Full story

BBC News, 15th March 2016

Source: www.bbc.co.uk

The Legal Mechanics of Brexit – 11 KBW

Posted March 14th, 2016 in brexit, EC law, legislation, news, referendums, treaties by sally

‘This paper will offer some crystal ball gazing about how Brexit might take legal effect. It is necessarily speculative and uncertain. It looks at:-
(1) the referendum;
(2) withdrawal from membership of the EU under the Treaty for European Union (“TEU”);
and
(3) the effect of the European Communities Act 1972 (“the ECA”).’

Full story

11 KBW, 1st March 2016

Source: www.11kbw.com