Yuliya Kaspiarovich And Nicolas Levrat LERU Brexit Seminar “No deal for Britain is better than a bad deal for Britain”, said Theresa May in her speech on 17 January 2017. This assertion could not better fit our argument. However, we will in this contribution neither focus on a possible withdrawal agreement, nor on the …
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The Implications of Leaving the EU Customs Union
Dylan Geraets LERU Brexit Seminar Introduction Keeping the Irish border open after Brexit is one of the key challenges that the UK and EU negotiation teams currently face. In June 2018 the UK Government presented its so-called “backstop” proposal in the form of a Technical Note on the Temporary Customs Arrangement between the UK …
What’s the point of an extended transition period and how could it be achieved?
Tobias Lock LERU Brexit Seminar In recent days, the option of an extended transition period has reportedly been floated by negotiators to break the deadlock in the Brexit negotiations. This blog post explores what such an extension could contribute, how it could be achieved in a way that is compatible with EU law and …
Amending Retained EU Law after Brexit
Emily Hancox LERU Brexit Seminar In this short blog post, I reflect on whether the EU Withdrawal Act 2018 (EUWA) adequately protects rights guaranteed by EU law from amendment by the UK government once the UK leaves the EU. Photo credit: Jessica Taylor/UK Parliament What is Retained EU Law? The EUWA provides for the …
Brexit and the Security Partnership
Leandro Mancano LERU Brexit Seminar Justice and Home Affairs Law is one of the most controversial areas of cooperation between the United Kingdom (UK) and other European Union (EU) member states. Although the participation of the UK in such measures has been inconsistent and progressed on a case-by-case basis, the mutual benefits ensuing from …
Keeping Free Movement vs. Ending Free Movement: The Common Travel Area after Brexit
Daniel Carter LERU Brexit Seminar The Common Travel Area (CTA) The Common Travel Area (CTA) between the United Kingdom and the Republic of Ireland dates back to Irish independence in 1922, when no alterations were made to the border arrangements as they then stood. Under British law, the ‘Free State’ of Ireland was classed …
Implementation of Brexit in the UK
Darren Harvey LERU Brexit Seminar Introduction In order to prepare the UK legal order for Brexit, the UK Government’s flagship piece of legislation, the EU Withdrawal Act 2018 (EUWA), received royal assent on 26th June 2018. The EUWA repeals the European Communities Act 1972 (ECA) on “exit day”, which is defined in section 20(1) …
Possible Dispute Resolution Mechanisms between the UK and EU27 after Brexit
Alix de Zitter LERU Brexit Seminar In March 2019, the United Kingdom (‘UK’) will become a ‘third country’ to the European Union (‘EU’). The relationship between the UK and the remaining 27 Member States (EU27) will veer from an integrated EU law-based system to a public international law-based system. Considering the large number of …