Category: treaties

Jack Simson Caird: Parliament’s Right to a ‘Meaningful Vote’: Amendments to the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted June 12th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament, treaties by sally

‘On Tuesday 12 June 2018, the Government will ask the House of Commons to reject the Lords’ meaningful vote amendment to the EU (Withdrawal) Bill (Lords Amendment 19). If the amendment is rejected, the Government will ask the Commons to accept its own alternative version, known as an ‘amendment in lieu’. If either amendment is enacted, and the Commons uses its veto to reject the Withdrawal Agreement, this would be a constitutionally unprecedented situation. This post looks at the Government’s ‘amendment in lieu’, and the features that distinguish it from the Lords’ amendment.’

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UK Constitutional Law Association, 11th June 2018

Source: ukconstitutionallaw.org

Jerome Jones v Birmingham City Council – Arden Chambers

Posted June 12th, 2018 in anti-social behaviour, appeals, gangs, human rights, injunctions, local government, news, standard of proof, treaties by sally

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Temporary relocation of a child: a practical approach – Family Law

Posted May 31st, 2018 in care orders, children, jurisdiction, news, treaties by sally

‘Temporary relocation cases tend to fall into two categories. The first category is for a holiday with a typical duration of a few weeks, for example to allow a child to return to a mother’s home country to see wider family during the summer holidays. The second category is a stay of a longer duration, perhaps of several months. It may be to enable a child to have an extended stay with family or to allow the parent to pursue a temporary job opportunity.’

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Family Law, 30th May 2018

Source: www.familylaw.co.uk

UK agency warns Brexit could lead to rise in organised crime – OUT-LAW.com

Posted May 15th, 2018 in brexit, crime, EC law, money laundering, news, reports, treaties by sally

‘The UK body charged with fighting serious and organised crime has warned that the country’s impending withdrawal from the EU could lead to a rise in money laundering, bribery and other corporate offences.’

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OUT-LAW.com, 14th May 2018

Source: www.out-law.com

Unitary patent and Unified Patent Court reforms: state of play May 2018 – OUT-LAW.com

Posted May 2nd, 2018 in courts, EC law, news, patents, treaties by tracey

‘The UK’s recent ratification of the Unified Patent Court (UPC) Agreement marked an important step towards a new system of unitary patent protection becoming operational. The process has been lengthy and complex and is not over yet.’

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OUT-LAW.com, 1st May 2018

Source: www.out-law.com

UK makes changes to international tax treaty notifications – OUT-LAW.com

Posted April 20th, 2018 in news, taxation, treaties by sally

‘The UK has announced a number of modifications to the provisional list of “reservations and notifications” related to the entry into force of the multilateral instrument (MLI) on international tax treaty related measures.’

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OUT-LAW.com, 18th April 2018

Source: www.out-law.com

The legal basis for air strikes against Syrian government targets – House of Commons Library

Posted April 17th, 2018 in international law, reports, treaties, United Nations, use of force by states, weapons by tracey

‘This paper looks at the general prohibition in international law on the use of force or threat of force directed at other states, and the legal advice on which the Government decided to participate with the US and France in air strikes on Syrian government targets on 14 April.’

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House of Commons Library, 16th April 2018

Source: www.parliament.uk

Legal challenge to devolved Brexit bills – BBC News

Posted April 17th, 2018 in bills, constitutional reform, devolution issues, news, Supreme Court, treaties by tracey

‘The UK government has launched a legal challenge to the Scottish and Welsh governments’ Brexit bills. The two devolved parliaments passed legislation last month that is intended to act as an alternative to Westminster’s EU Withdrawal Bill. But the UK government has asked the Supreme Court to rule whether the legislation is constitutional and within devolved powers.’

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BBC News, 17th April 2018

Source: www.bbc.co.uk

Law Pod UK Ep. 25: The Draft EU Withdrawal Agreement – line by line – 1 COR

Posted March 20th, 2018 in agreements, brexit, EC law, news, treaties by sally

‘The Draft EU Withdrawal Agreement is the Brexit political agreement turned into a legal document. Prof. Catherine Barnard of the University of Cambridge gives Boni Sones her own analysis of the text and asks ‘What now for Theresa May?”

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Law Pod UK, 15th March 2018

Source: audioboom.com

Challenge to investor-state jurisdiction award successful – OUT-LAW.com

Posted March 12th, 2018 in arbitration, jurisdiction, news, treaties, tribunals by sally

‘A recent ruling has highlighted the willingness and competence of courts to determine a tribunal’s scope of jurisdiction over disputes between investors and nation state governments, an arbitration expert has said.’

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OUT-LAW.com, 12th March 2018

Source: www.out-law.com

Worboys and Ullah: Do UK Courts have to follow Strasbourg to the letter? – UK Human Rights Blog

Posted March 5th, 2018 in appeals, duty of care, human rights, judgments, news, Supreme Court, treaties by tracey

‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’

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UK Human Rights Blog, 2nd March 2018

Source: ukhumanrightsblog.com

Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law – Constitutional Law Association

Posted March 1st, 2018 in bills, drafting, EC law, legislation, news, regulations, treaties by sally

‘In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be given the status of domestic primary legislation passed immediately before exit day. He suggests, instead, a hierarchy in which some law continued in force under clause 3 should be “deemed to be a statutory instrument”. This formulation is intended, it seems, to do more than its usual job (which is confined to attracting the provisions of the Statutory Instruments 1946, which are largely irrelevant for present purposes). It appears to be intended, instead, to give the law in question the status of subordinate legislation made under legislative powers delegated to the executive. But what practical effects is it designed to produce?’

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Constitutional Law Association, 28th February 2018

Source: ukconstitutionallaw.org

EU to publish first draft of Brexit treaty – BBC News

Posted February 28th, 2018 in brexit, constitutional reform, EC law, news, Northern Ireland, treaties by sally

‘The European Union is set to publish a legal draft of its Brexit withdrawal agreement for the first time, detailing the terms of the UK’s departure.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

European Court of Justice asked to rule on whether UK nationals can keep EU citizenship after Brexit – The Independent

Posted February 8th, 2018 in brexit, citizenship, EC law, foreign jurisdictions, news, treaties by tracey

‘The EU’s highest court has been asked to rule on whether British nationals should be able to keep their EU citizenship after Brexit, in a major upset that could send negotiations between Brussels and the UK into chaos.’

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The Independent, 7th February 2018

Source: www.independent.co.uk

Availability of Legal Aid for Applications Pursuant to the 1996 Hague Convention – Family Law Week

Posted February 6th, 2018 in children, legal aid, news, parental responsibility, regulations, treaties by tracey

‘Anne-Marie Hutchinson OBE QC (Hon), Partner, Dawson Cornwell, and Michael Gration, Barrister, 4 Paper Buildings, highlight an oversight in LASPO.’

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Family Law Week, 4th February 2018

Source: www.familylawweek.co.uk

Leah Trueblood: The Merits and Meaning of a ‘Second’ Referendum – UK Constitutional Law Association

Posted February 5th, 2018 in constitutional law, constitutional reform, news, referendums, treaties by sally

‘Even before the vote on 23 June 2016, questions were raised about the possibility of a ‘second’ referendum. I place the term ‘second’ in inverted commas because the idea that another vote means another referendum reflects a misunderstanding both about (i) what a referendum is and (ii) the role of referendums in the United Kingdom’s constitutional arrangements. On the ‘second’ referendum view, a referendum is synonymous with a vote. This is not the case. I will argue in this post that a referendum is a multi-stage process of referring a question to voters. This does include one vote, but may well include multiple votes. I will also argue that the conflation of referendums with votes underlies many of the flaws of the Brexit referendum in particular and the use of referendums in the United Kingdom in general. This is not a political argument for or against Brexit. It is a constitutional argument about what the role can and should be for voting in the process of constitutional reform through referendums in the United Kingdom.’

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UK Constitutional Law Association, 5th February 2018

Source: ukconstitutionallaw.org

Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

Posted February 5th, 2018 in appeals, brexit, constitutional reform, EC law, human rights, news, Supreme Court, treaties, working time by sally

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

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Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub

Posted February 5th, 2018 in brexit, constitutional reform, EC law, human rights, news, treaties by sally

‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’

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Oxford Human Rights Hub, 2nd February 2018

Source: ohrh.law.ox.ac.uk

Sovereignty or Supremacy? Lords Constitution Committee Reports on EU (Withdrawal) Bill — Mark Elliott and Stephen Tierney – UK Human Rights Blog

Posted January 30th, 2018 in bills, constitutional reform, EC law, news, reports, select committees, treaties by sally

‘The House of Lords Constitution Committee today issues its main report on the European Union (Withdrawal) Bill. This follows the preliminary and interim reports on the Bill that the Committee published last year. The new report is wide-ranging and hard-hitting, the Committee’s view being that the Bill ‘risks fundamentally undermining legal certainty’.’

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UK Human Rights Blog, 29th January 2018

Source: ukhumanrightsblog.com

Tax experts ‘concerned’ by post-Brexit customs law plans – OUT-LAW.com

Posted January 30th, 2018 in bills, brexit, customs and excise, EC law, news, treaties by sally

‘The UK government’s desire to keep planned post-Brexit customs and tax legislation as wide as possible risks creating “unnecessary uncertainty” for businesses, tax experts have warned.’

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OUT-LAW.com, 29th January 2018

Source: www.out-law.com