Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers

Posted July 12th, 2016 in brexit, EC law, employment, news, referendums, treaties by sally

‘One area of law where Brexit may have an impact is employment law.’

Full story

No. 5 Chambers, 1st July 2016

Source: www.no5.com

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.’

Full story

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.’

Full story

UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

‘Should Vote Leave be prosecuted over its referendum propaganda?’ – Church Court Chambers

‘On 23 June 2016 over 33 million people voted in the EU referendum. Since that date there has been widespread anger from those who believe that the organisation ‘Vote Leave’ misled members of the public. Vote Leave is said to have done so by promoting two claims. First, that the UK sends £350 million to the European Union every week and this money would be spent on the National Health Service if the UK voted to leave the European Union. Second, that remaining in the European Union would lead to unrestricted immigration.’

Full story

Church Court Chambers, 7th July 2016

Source: www.churchcourtchambers.co.uk

Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

Full story

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

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.’

Full story

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.’

Full story

The Independent, 11th July 2016

Source: www.independent.co.uk

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

Full story

UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

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.’

Full story

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.’

Full story

BBC News, 4th July 2016

Source: www.bbc.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.’

Full story

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.’

Full story

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.’

Full story

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?’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org