Category: Institutions

Solving the autonomy conundrum: Can the UK avoid a hard border in Northern Ireland without subjecting itself to EU judges?

Armin Cuyvers LERU Brexit Seminar     Solving Northern Ireland, the main obstacle to an orderly Brexit, is primarily a political challenge. EU law, however, imposes some legal limits that make this political challenge even harder. One of the less-known but potentially deal-breaking limits is the autonomy of EU law. Briefly put, autonomy can force …

Human Rights Reform: Adjudication and Enforcement of Economic, Social and Cultural Rights?

Katie Boyle Brexit and Rights Engagement Network The way that human rights are protected in the UK is changing. This has a direct impact on the different types of adjudication, enforcement and routes to remedy that might be available for those who experience violations of human rights, including civil, political, economic, social and cultural (CPESC) …

Brexit and the Interpretation of Domestic Rights

Niall O’Connor Brexit and Rights Engagement Network It might be thought that Brexit would have very little impact on the interpretation of domestic rights. Surely, post-Brexit, British judges will continue to interpret British law as they always have done? The reality may not be so simple. First, there has long been interaction between courts in …

Brexit Britain’s ECJ Problem: Enforcement of Rights Guarantees in the Withdrawal Agreement

Davor Jancic Brexit and Rights Engagement Network As the Brexit negotiations progress, the question of judicial authority in enforcing the withdrawal agreement remains moot and raises a number of issues concerning the level of influence of the European Court of Justice (ECJ) in post-Brexit UK. This commentary, which complements my earlier article explaining why the …

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 …