Category: Law and Justice

What Future for the Charter of Fundamental Rights in the UK?

Despite the EU Withdrawal Bill’s premise to incorporate EU law into UK law, the exclusion of the Charter of Fundamental Rights but the inclusion of general rights principles in EU law has created confusion, writes Tobias Lock. He argues that the current approach of the bill will result in legal uncertainty over which EU fundamental …

Dispute Resolution after Brexit

Prime Minister Theresa May’s Brexit ‘red line’ on a role for the European Court of Justice has been a major source of complication in the early stages of the negotiations, writes Tobias Lock. Analysing the recent UK government negotiating paper on dispute resolution, he argues that its shift in emphasis from no ECJ jurisdiction to …

A Role for the ECJ after Brexit?

Although the UK government’s position is to end the jurisdiction of the European Court of Justice internally after Brexit, the EU is likely to expect the ECJ to be involved in UK-EU relations in some form, writes Tobias Lock. He argues that, while the shape of that involvement will depend on eventual Brexit arrangements, the …

One Year on from the EU Referendum

Referendums are a relatively new feature in the UK’s constitutional landscape and, considering the EU referendum’s limited franchise, it misrepresents the result to suggest that it spoke for the whole of the country, write Tammy Hervey and Jo Shaw. They argue that, going forward, it is essential to ensure that the UK’s democratic system reflects …

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 …

Bulgaria and Romania: Ten Years of EU Membership in the Shadow of Monitoring

Since joining the EU in 2007, Bulgaria and Romania have remained under unprecedented post-accession monitoring, and have achieved mixed results in addressing corruption, organised crime and judicial reform, writes Eli Gateva. She argues that both countries demonstrate the limits of the EU’s influence after accession, and that, while the EU has a role, local responsibility …

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

Extended Article 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. …

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 …