Category: Brexit and EU Referendum

Brexit’s Impact on Scotland: Devolution and Local Government

Serafin Pazos-Vidal In-Depth Analysis One fact not commonly understood in Scotland and the UK is the unique nature of Scottish devolution. Among the 60+ European Regions with Legislative Power (REGLEG), Scotland has a unique settlement in that the areas of powers of the Scottish Parliament have been devolved in full, by the Scotland Act 1998 …

Has Parliament Taken Charge of Brexit?

Tobias Lock The UK Government introduced the European Union (Withdrawal) Bill – originally promised as the Great Repeal Bill – in order to give effect to Brexit in domestic law in three (theoretically) simple steps: (1) repeal of the European Communities Act 1972, (2) retention of all currently applicable EU law in domestic law and …

Brexit and Environmental Protection in Scotland: The Road Ahead

Annalisa Savaresi Brexit’s implications for environmental law and enforcement in the UK are symptomatic of the challenges associated with breaking away from the EU’s regulatory and governance arrangements. While nobody is seriously suggesting that after Brexit the UK will become a lawless land, incapable of upholding the rule of law on environmental matters, the loss …

Lost in Brexit Transition?

Tobias Lock It is widely accepted that a transition period (or in the UK Government’s parlance: implementation period) will be necessary to ensure an orderly Brexit. The rationale behind transition is twofold: nobody expects an agreement on the future relationship between the UK and the EU to be negotiated and ratified by 29 March 2019; …

Does UK Law Require a Referendum on the EU Withdrawal Agreement?

Donal Coffey Most people will throw their hands in the air when confronted with the possibility of another EU referendum in the United Kingdom. This article does not argue in favour or against such a referendum, but asks the following question: From a legal point of view, does a withdrawal agreement concluded between the United …

The UK’s Approach to EU Citizenship, Criminality and Expulsion

Leandro Mancano LERU Brexit Seminar Over recent years, foreign nationals in the United Kingdom subject to criminal investigations – let alone convictions – have increasingly experienced an (un)happy ending to their residence in Britain. The aftermath of the 2005 London terrorist attacks resulted in a toughening up of relevant rules concerning the protection of foreigners …

EU-UK Civil Judicial Cooperation and Private International Law after Brexit

Michiel Poesen LERU Brexit Seminar European harmonisation has been successful in fewer areas than private international law (PIL). Since the 1968 Brussels Convention, an impressive number of European PIL instruments have been adopted. The UK government’s recent position paper gives an overview of the current EU PIL instruments in which the UK participates. This article …