The Great Repeal Bill and the Challenge of Bringing Laws Home

The practical process of transposing all existing EU law into the UK legal system brings with it many detailed and essential items for decision, the volume of which will likely favour the executive, writes Tobias Lock. He argues that EU withdrawal looks set to have a significant impact on the devolution settlements, as competences between […]

An Independent Scotland and the EU: What Route to Membership?

In the event of independence, how might Scotland pursue EU membership? Kirsty Hughes and Tobias Lock explore the principal options, arguing that ensuring Scotland’s continuity with EU laws and policy would ultimately be more important than attempting to secure a fast-tracked route to membership, which would be completed in any case after Brexit. Extended Article […]

Thin Gruel: The UK Government’s Brexit White Paper

Following the publication of the UK government’s white paper on EU withdrawal, Tobias Lock notes its echoing of previous statements and lack of policy detail. He writes that, while it is to be expected that the negotiations with the EU cannot be completely open, greater clarity on the government’s position would have been preferable. UK’s […]

The Supreme Court in Miller: Some Early Comments

In ruling that parliamentary consent is indeed required before the UK’s EU withdrawal notification, the Supreme Court largely met expectations, writes Tobias Lock. He argues, however, that the Court’s determination that the practice of consulting the devolved legislatures is convention only and not law will have a political impact as the Brexit process develops. Supreme […]

Reaction: Scotland’s Place in Europe

Today, First Minister Nicola Sturgeon set out the Scottish Government’s proposals on Scotland’s future relationship with the European Union, following the EU referendum in the summer. Our experts react to the paper, assessing what it means for Scotland’s relations with the rest of the UK and Europe and its impact on the Brexit debate. Expert Reaction Scotland’s […]

The High Court’s Judgement in Miller and Others – Four Brief Remarks

Following the High Court’s ruling on whether the UK Parliament should be involved in the activation of the Article 50 process to leave the EU, Tobias Lock analyses the judgement. He observes that the UK government will find it difficult to construct an effective case on appeal, and that, should legislation indeed be required, essential […]

Theresa May’s Great Repeal Bill – A Scottish Own Goal?

The Prime Minister’s outlining of the Great Repeal Bill to bring all EU law into UK law, to be sorted through later, has many elements of strategic thinking, writes Tobias Lock. He suggests, however, that a wholesale legal relocation would clearly touch on competences devolved to Scotland, and the politics around legislative consent could further […]

A Lame-Duck Member State? The UK’s Position in the EU After the Referendum

Despite the fact that it has not yet begun withdrawal negotiations or indeed left the EU, the UK is already experiencing a dramatic loss of power and influence within the EU, writes Tobias Lock. He argues that the role of EU law within the UK is also in question even now, since the eventual prospect […]