The Trade Bill – renegotiation and renewal of EU trade agreements after Brexit – in this new constitutional territory more Parliamentary scrutiny is urgently needed – Brexit Law

‘The lack of adequate Parliamentary scrutiny when the UK negotiates trade agreements (something it has not done in its own right for many years) has come to the attention of the House of Commons International Trade Committee. This is timely given the prospect of the UK negotiating the single most important trade agreement it is likely to negotiate for a long time – its future trade agreement with the EU. The context for the Committee’s concern is its inquiry into the Trade Bill. One of the issues which the Bill addresses is the domestic implementation in the UK of those EU trade agreements which are adapted for continued application by the UK after Brexit. The Committee has asked whether Parliamentary scrutiny of ministerial rules implementing these agreements is adequate, and, more broadly, whether scrutiny of the UK signing up to these and other trade agreements, is adequate.’

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Brexit Law, 6th December 2017

Source: brexit.law

Thomas Horsley: In (Domestic) Courts We Trust: The European Union (Withdrawal) Bill and The Interpretation of Retained EU Law – UK Constitutional Law Association

Posted November 28th, 2017 in bills, brexit, EC law, interpretation, news, treaties by sally

‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’

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UK Constitutional Law Association, 27th November 2017

Source: ukconstitutionallaw.org

Armin Cuyvers: Two Legal Tools to Avoid Hard Brexit: Delayed Exit and Decreasing Membership under Article 50 TEU – UK Constitutional Law Association

Posted November 28th, 2017 in brexit, constitutional reform, delay, EC law, news, treaties by sally

‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’

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UK Constitutional Law Association, 24th November 2017

Source: ukconstitutionallaw.org

Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan – Helen Fenwick & Andy Hayward – UK Human Rights Blog

‘Equal civil partnerships divide opinions. For their proponents, access to such a status, and the legal benefits that follow, allows couples critical of marriage – whether same or different-sex – the ability to express their relationship through (in their view) a more appropriate, modern and egalitarian legal institution. Opponents question such a need in light of the availability of civil marriage, which has over centuries evolved and may not now necessarily be perceived as embodying the patriarchal or heteronormative values that its critics challenge. Calls for allowing different-sex as well as same-sex couples to enter civil partnerships in England and Wales have grown louder recently following the failed Equal Love case (Ferguson v UK), the production of several Private Members Bills and the on-going litigation in Steinfeld and Keidan v Secretary of State for Education, due to be heard by the Supreme Court in Spring 2018. The desire, however, for different-sex civil partnerships is not limited to this jurisdiction, and was recently explored for the first time by the Strasbourg court in Ratzenböck and Seydl v Austria. After exploring the background to this legal challenge, this post will critically analyse the reasoning of the Strasbourg Court and assess its implications for the challenge in Steinfeld.’

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UK Human Rights Blog, 21st November 2017

Source: ukhumanrightsblog.com

All Born Free and Equal? How Equality Underpins Our Human Rights – RightsInfo

Posted November 22nd, 2017 in equality, Equality and Human Rights Commission, human rights, news, treaties by sally

‘Equality pops up all the time when we talk about human rights. In fact, the very first article of the UN Convention on Human Rights states that “all human beings are born free and equal in dignity and rights.”’

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RightsInfo, 21st November 2017

Source: rightsinfo.org

How Do Human Rights Protect Children? – RightsInfo

Posted November 21st, 2017 in children, human rights, news, treaties by sally

‘Human rights apply to people of all ages. It doesn’t matter if you’re 7 or 72, we can all expect the same basic protections.’

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RightsInfo, 20th November 2017

Source: rightsinfo.org

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

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Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

Calls to Lower Voting Age Sidelined – But is There a Human Rights Argument? – Rightsinfo

Posted November 6th, 2017 in bills, elections, enfranchisement, human rights, news, treaties by tracey

‘MPs in Westminster today debated proposals to lower the voting age across the UK to 16 – but could there be a human rights argument for this?’

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Rightsinfo, 3rd November 2017

Source: rightsinfo.org

Ratification of the Council of Europe convention on combating violence against women and domestic violence – Home Office

Posted November 2nd, 2017 in domestic violence, human rights, press releases, reports, treaties by tracey

‘The report sets out measures being taken by the government toward ratifying the Istanbul Convention.’

Full press release

Home Office, 1st November 2017

Source: www.gov.uk/home-office

Youth Justice System ‘Falls Short’ of Human Rights Obligations, MPs Claim – Rights Info

‘The current system of disclosing past convictions undermines the principles of the youth justice system, according to a report published today by the Justice Committee.’

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Rights Info, 27th October 2017

Source: rightsinfo.org

Law Pod UK Ep. 15: Inquests and Article Two – 1 COR

Posted October 30th, 2017 in EC law, human rights, inquests, news, treaties by sally

‘Caroline Cross and Rachel Marcus look at the link between inquests and Article Two of the European Convention on Human Rights. Recorded at the 2017 Public Law event at King’s College London.’

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Law Pod UK, 17th October 2017

Source: audioboom.com

The Final Destination? The Court of Appeal’s decision in Gahan v Emirates – 4 KBW

Posted October 20th, 2017 in airlines, compensation, delay, EC law, jurisdiction, news, treaties by sally

‘On the 12 October 2017, the Court of Appeal delivered judgment in the joined cases of Gahan v Emirates and Buckley and ors v Emirates [2017] EWCA Civ 1530, in which both the Civil Aviation Authority and the International Air Transport Association intervened.’

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4 KBW, 13th October 2017

Source: www.4kbw.net

Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50 – UK Constitutional Law Association

Posted October 20th, 2017 in EC law, news, parliament, treaties by sally

‘The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that she could revoke the triggering of the Article 50 process. Her equivocal response led many to believe that such advice does indeed exist. Last Tuesday, this blog published an analysis of whether revocation was possible at the European Union level. This post considers the same question from a domestic law point of view. Many similar questions to those raised in the recent Miller litigation are relevant to determining if the Government can revoke the notification under Article 50. This post concludes that as a matter of domestic law, revocation cannot lawfully be attempted without direct authorisation by an Act of Parliament.’

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UK Constitutional Law Association, 16th October 2017

Source: ukconstitutionallaw.org

Should children be heard in English family court cases? – BBC News

Posted October 17th, 2017 in children, family courts, news, treaties, witnesses by tracey

‘Children, campaigners and some judges are calling for a change in the law so that children at the heart of family cases in England and Wales can talk in private to the judge if they so choose.’

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BBC News, 17th October 2017

Source: www.bbc.co.uk

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

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UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

FCA chief calls for continued cooperation in financial sector post-Brexit – OUT-LAW.com

Posted October 3rd, 2017 in brexit, EC law, financial regulation, news, treaties by sally

‘The chief executive of the UK’s Financial Conduct Authority (FCA), Andrew Bailey, has called for close cooperation between regulatory bodies to ensure continuity of service for financial institutions after Brexit.’

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OUT-LAW.com, 2nd October 2017

Source: www.out-law.com

The case of the missing mandate – New Law Journal

Posted October 3rd, 2017 in constitutional reform, EC law, news, referendums, treaties by sally

‘David Wolchover contends that there is no mandate for the UK to be taken out of the EU & considers how the European Parliament may force a further referendum.’

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New Law Journal, 8th September 2017

Source: www.newlawjournal.co.uk

EVENT: The Bar Council – Legal Consequences of Brexit

‘This seminar, organised jointly by the Bar Council and the Deutscher Anwaltverein (German Bar Association), will offer a platform for a discussion on the legal consequences of Brexit.

It will include topics such as the Art. 50 Litigation and the consequences for constitutional law and passporting and mutual recognition in financial services post-Brexit.’

Date: 20th October 2017, 2.00-5.00pm

Location: The General Council of the Bar, 289 – 293 High Holbon, WC1V 7HZ London

Charge: See website for details

More information can be found here.

House of Lords committee to look into need for Brexit transition deal – OUT-LAW.com

Posted September 29th, 2017 in brexit, EC law, inquiries, international relations, news, select committees, speeches, treaties by sally

‘A House of Lords committee is to examine the legal basis for, and potential costs to the UK of, a time-limited Brexit transitional period.’

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OUT-LAW.com, 28th September 2017

Source: www.out-law.com

Child abduction returns trumped by asylum claims – Family Law

Posted September 28th, 2017 in asylum, child abduction, news, treaties by sally

‘What happens when a parent, who has abducted a child to this country and would be ordered to return the child immediately under the 1980 Hague Convention, claims asylum for themself and the child? Which takes precedence? The English High Court has just dealt with this issue.’

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Family Law, 25th September 2017

Source: www.familylaw.co.uk