Category: treaties

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.’

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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.’

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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

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

Posted July 5th, 2016 in brexit, constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘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

Pressing the Red Button on Rights – UK Human Rights

Posted July 5th, 2016 in EC law, human rights, news, treaties by sally

‘Article 50 of the Treaty on European Union (TEU) is the red button for the nuclear option of withdrawal from the EU, and in its design, it was never really, truly envisioned to be pressed. Without testing, and without precedent, we are left with no idea of the potential fallout of pressing that red button. Compared to the quasi-constitutionism of Article 2 TEU evoking the values ‘common to the Member States’ of ‘pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women’; or the brutal legalism of Title VII of the Treaty of the Functioning of the European Union (TFEU) on competition, tax and the approximation of laws; Article 50 TEU is anaemic. It is, essentially, a button triggering a countdown clock, which is on a comparable level of advancement to the 1980s floppy disk.’

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UK Human Rights Blog, 4th July 2016

Source: www.ukhumanrightsblog.com

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by sally

‘In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger an notification under Article 50 of the Treaty of the European Union. I agree with them.’

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UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

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

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.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

If the Chilcot report finds the Iraq invasion violated the UN Charter, what are the consequences? – Halsbury’s Law Exchange

Posted June 28th, 2016 in inquiries, international courts, Iraq, news, reports, treaties, United Nations, war by sally

‘The Chilcot report, when published next month, will surely criticise some of those responsible for launching the Iraq war on 20 March 2003 and for the suffering and damage which it caused. Lawyers are certainly already mulling over the prospect of litigation, criminal as well as civil.’

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Halsbury’s Law Exchange, 27th June 2016

Source: www.halsburyslawexchange.co.uk

What is the legal meaning of “refugee”? – Free Movement

Posted June 23rd, 2016 in asylum, freedom of movement, immigration, news, refugees, treaties by sally

‘This week is Refugee Week. The Free Movement blog is about communicating complex legal issues in immigration and asylum law in a clear way and I thought it would be a good time to put together a short blog post explaining what a refugee actually is in legal terms and to collect together some of our previous blog posts about asylum issues. I hope you find it useful and interesting!’

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Free Movement, 22nd June 2016

Source: www.freemovement.org.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.’

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UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

Human Rights and Property Litigation: some general concepts – Falcon Chambers

Posted June 2nd, 2016 in courts, declarations of incompatibility, housing, human rights, interpretation, legislation, news, treaties by sally

‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’

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Falcon Chambers, May 2016

Source: www.falcon-chambers.com

Father should be allowed to apply for parental responsibility following surrogacy – UK Human Rights Blog

Posted May 26th, 2016 in adoption, declarations of incompatibility, human rights, news, parental responsibility, surrogacy, treaties by sally

‘Z (A Child) (No 2) [2016] EWHC 1191 (Fam) 20 May 2016. The Court of Protection has granted an order for a declaration of incompatibility with Convention rights of a section in the Human Fertilisation and Embryology Act on grounds of discrimination.’

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UK Human Rights Blog, 25th May 2016

Source: www.ukhumanrightsblog.com

Latest twist on standard of review in Aarhus cases – UK Human Rights Blog

Posted May 3rd, 2016 in environmental protection, local government, news, treaties, trees by sally

‘R (o.t.a. Dilner) v. Sheffield City Council [2016] EWHC 945 (Admin), Gilbart J, 27 April 2016. A quick note on the latest Aarhus Convention point to come before the domestic courts.’

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UK Human Rights Blog, 3rd May 2016

Source: www.ukhumanrightsblog.com

Missed opportunities: the right of light and human rights – Tanfield Chambers

Posted April 26th, 2016 in human rights, news, treaties by sally

‘It is surprising that, during the 16 years that the Human Rights Act 1998 “HRA98” has been in force, that there has been no case in which the domestic courts have ruled upon the impact of convention rights in a case involving a right to light. The explanation for this may be found in the perception that convention rights are enforceable against public bodies, an understandable view in light of s6 of the HRA98, while litigation in these cases is between commercial organisations or private individuals. However, the perception that convention rights cannot apply in litigation between private individuals is not entirely correct. This article seeks to explore the basis upon which convention rights may assist in those cases concerning a right to light where conventional argument may not provide a successful outcome.’

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Tanfield Chambers, 22nd April 2016

Source: www.tanfieldchambers.co.uk

What has the European Court of Human Rights done for us? – The Independent

Posted April 26th, 2016 in child abuse, courts, deportation, drafting, freedom of expression, human rights, news, torture, treaties by sally

‘Campaigners and politicians have criticised Home Secretary Theresa May’s assertion that Britain should leave the European Court of Human Rights (ECHR).’

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The Independent, 25th April 2016

Source: www.independent.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”).’

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11 KBW, 1st March 2016

Source: www.11kbw.com

Changes to compensation for nuclear incidents published by UK government – OUT-LAW.com

Posted March 9th, 2016 in accidents, compensation, news, nuclear power, treaties by sally

‘Changes to the rules governing compensation for nuclear incidents will increase the amounts payable, as well as expand the categories of damage for which compensation may be claimed.’

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OUT-LAW.com, 8th March 2016

Source: www.out-law.com

A “Legally Binding and Irreversible” Agreement on the Reform of the EU – Henderson Chambers

Posted February 24th, 2016 in benefits, EC law, freedom of movement, news, treaties by sally

‘This Note addresses the question whether the agreement representing the outcome of the negotiations between the United Kingdom and the European Union on the reform of the EU can appropriately be characterised, in the Prime Minister’s phrase, as “legally binding and irreversible”. The original version of the Note was submitted as written evidence to the House of Commons European Scrutiny Committee (“the Scrutiny Committee”), following on from oral evidence that I gave, together with Sir Francis Jacobs QC and Martin Howe QC, on 18 November 2015. That version was prepared in relation to the draft texts accompanying the letter dated 2 February 2016 from Mr Donald Tusk, the President of the European Council, to the Prime Minister. As presented here, the Note relates to the agreement finally reached on 19 February 2016, which differs in some respects from the texts circulated on 2 February, but not so as to cause me to take a different view of the matters discussed.’

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Henderson Chambers, 20th February 2016

Source: www.hendersonchambers.co.uk