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 …

European Arrest Warrant and Catalan Politicians: Legal Dilemmas for the Judges

Leandro Mancano The European Arrest Warrant (EAW) issued last autumn for Carles Puigdemont, president in exile of the Catalan Government, attracted exceptional media attention. The noise seemed bound to fade after the Spanish authorities later withdrew the EAW. However, the debate was recently reignited as Puigdemont and other former Catalan ministers were delivered new EAWs. …

The ECtHR Decision in ND and NT: New Human Rights Limits for Frontex?

Valentina Rioseco Vallejos On 3 October 2017, the European Court of Human Rights (ECtHR) handed down its judgement in ND and NT v Spain. It held that the immediate refoulement of two persons from sub-Saharan Africa, carried out by the Spanish Guardia Civil at the Melilla border in August 2014, had violated Article 4 of …

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 …