Devolved powers and EU withdrawal: Scotching the worst impacts of Brexit?

Alan S. Reid, Senior Lecturer in Law, Sheffield Hallam University. The author welcomes comments on the blog at a.s.reid@shu.ac.uk. The modern concept of Devolution in the United Kingdom was devised, created and implemented in the general context and expectation of continued UK membership of the European Union. Scotland, Wales and Northern Ireland were all granted various levels of legislative and executive autonomy under a set of constitutional statutes of the UK Parliament (Scotland Act 1998(SA 1998), Government of Wales Act 1998 (GOWA 1998)(now the Government of Wales Act 2006 (GOWA…

Anonymity in CJEU cases: privacy at the expense of transparency?

Peter Oliver, Barrister, Monckton Chambers; Visiting Professor, Université Libre de Bruxelles Juliet famously asked: “Romeo, Romeo wherefore art thou Romeo?”  And then adds: “What’s in a name? That which we call a rose by any other word would smell as sweet.”  Having an unfortunate name (like Montague, if you have the misfortune to fall in love with a Capulet) can be challenging.  But what about having no name?  That can be decidedly problematic too.  That is why both the Strasbourg and the Luxembourg courts have recognised a person’s fundamental right to…

The Global Compact for Migration: cracks in unity of EU representation

Pauline Melin, PhD, Lecturer in European Law (Maastricht University) and Researcher at the Institute for European Law (KULeuven) Today, the UN Global Compact for Safe, Orderly and Regular Migration is meant to be approved by an intergovernmental conference in Marrakesh with the purpose to be adopted on the 19th December 2018 as a Resolution of the UN General Assembly in New York. The debate over the adoption the Global Compact for Migration has been politically polluted. Since the end of October 2018 and the withdrawal of Austria, a Member State…

Ted Baker’s ‘forced hugs policy’: Lessons for other employers | Employment Law Blog

The instance of Ted Baker offers some important lessons to other employers as they seek to update their approach in a post-#MeToo​ era. Richard Fox writes for HR Magazine.  One can only imagine what it was like for the HR department at Ted Baker last week, where the employee petition against a ‘forced hugs policy’ has focused much attention on the company’s culture. The matter is currently the subject of a ‘thorough and urgent independent external investigation’ according to a company press statement released on 3 December. However, what is…

you can U-turn if you want to. The CJEU judgment in Wightman

Professor Steve Peers, University of Essex Today’s Full Court judgment in the Wightman case confirms that the UK can unilaterally withdraw its notification that it intends to leave the EU, on the most generous possible terms. It broadly follows last week’s non-binding opinion from an Advocate-General, discussed here. (See also the discussion here of the national court background to the proceedings, and the discussion here of the arguments for and against unilateral revocability. The EU courts have also ruled on a challenge to the withdrawal agreement negotiations in Shindler, and on the UK’s current status as…

To Boldly Go? Analysis and annotation of the EU/UK Future Relationship declaration

Professor Steve Peers, University of Essex The UK after Brexit won’t be a Mad Max dystopia, according to a former Brexit Secretary. Or will it? The reality is likely to fall somewhere in between the unicorn-powered ‘sunlit uplands’ fantasised by Brexit’s staunchest supporters, and the zombie-infested unlit wastelands feared by its strongest critics. The initial impact of Brexit (if it goes ahead) would be determined strongly by the withdrawal agreement, a binding formal treaty winding up the UK’s membership of the EU, or rather on whether such form of withdrawal agreement…

Citizens’ Rights after a No Deal Brexit

Professor Steve Peers, University of Essex* Having resisted unilateral guarantees for EU27 citizens in the UK for over two years, and having promised to protect EU27 citizens unilaterally after all back in September, the UK government finally produced a paper today on what happens to EU27 citizens in the UK – and UK citizens in the EU27 – in the event of a ‘no deal’ Brexit outcome. The Commission’s recent communication on a ‘no deal’ Brexit included its view on the same issue from the EU side. With the vote…

Revoking the notice to withdraw from the EU? The opinion in Wightman

Professor Steve Peers, University of Essex Was sending the Article 50 notification of withdrawal from the EU like jumping off a cliff – impossible to change your mind after jumping? Or was it rather like setting off to the shops, where you can change your mind about shopping while on the way there, in the car park, or even in the shop itself – perhaps because you discover that the promised discounts don’t exist, the management is under police investigation, and the massive Turkish foods section consists of a couple…

How to protect the rights of UK citizens in the EU27 after Brexit? Analysis of the Shindler judgment

Professor Steve Peers, University of Essex* The EU General Court today gave its judgment in the case of Shindler and others, on the legality of the EU Council decision giving the EU Commission a mandate to negotiate the Brexit withdrawal agreement with the UK. In the Court’s view, the case, which was brought by a group of UK citizens living in the other EU Member States, was inadmissible. Although this necessarily meant that the Court did not rule on the merits of the legal challenge, the judgment nevertheless touched on…

EU Law Analysis: The Brexit Withdrawal Agreement: Overview and First Observations

Professor Steve Peers, University of Essex The recently agreed Brexit withdrawal agreement may turn out to be dead on arrival, or at some point not long after. Nevertheless, if the agreement is ratified, it is the basis on which the UK would leave the EU – unless the two sides agree to amendments to the text. Since the agreement is both complex and legalistic, but also the subject of intense political debate, there’s a need for a summary and explanation of the text for non-lawyers. This blog post aims to…