Category: Britain’s EU Future

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 …

Brexit Policy-making: The Need for a Change in Policy Style

In recent years, UK public policy formation has neglected interests groups, their expertise and views, writes Jeremy Richardson. He argues that, particularly when it comes to Brexit, the UK government must adopt a more consensual approach to policy-making and involve a wider range of perspectives in order to ensure that policies are more effective. Whitehall …

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 …

Five Takeaways for Brexit from the General Election

The outcome of a hung parliament from the UK’s 2017 general election could have a significant impact on the shape of Brexit, writes Anthony Salamone. He sets out the main implications of the election result for Brexit, underlining the fast-changing nature of circumstances and the uncertainty of what will happen next. Downing Street, Kathryn Yengel, …

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 …

Scotland’s Relationship with the EU after Brexit: Lessons from the Faroes

The Faroe Islands set an important precedent for a part of a unitary state to establish differentiated relations with the EU, writes Jacques Hartmann. He argues that the Faroes potentially yield important lessons for Scotland on how to retain at least some benefits of EU membership, even after a hard Brexit. Tórshavn – Faroe Islands, …