Tobias Lock 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 …
Category: Tobias Lock
The Great Repeal Bill and the Challenge of Bringing Laws Home
Tobias Lock 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 …
An Independent Scotland and the EU: What Route to Membership?
Kirsty Hughes and Tobias Lock In-Depth Analysis In the event of independence, how might Scotland pursue EU membership? Kirsty Hughes and Tobias Lock explore the principal options, arguing that ensuring Scotland’s continuity with EU laws and policy would ultimately be more important than attempting to secure a fast-tracked route to membership, which would be completed …
Thin Gruel: The UK Government’s Brexit White Paper
Tobias Lock Following the publication of the UK government’s white paper on EU withdrawal, Tobias Lock notes its echoing of previous statements and lack of policy detail. He writes that, while it is to be expected that the negotiations with the EU cannot be completely open, greater clarity on the government’s position would have been …
The Supreme Court in Miller: Some Early Comments
Tobias Lock In ruling that parliamentary consent is indeed required before the UK’s EU withdrawal notification, the Supreme Court largely met expectations, writes Tobias Lock. He argues, however, that the Court’s determination that the practice of consulting the devolved legislatures is convention only and not law will have a political impact as the Brexit process …
Reaction: Scotland’s Place in Europe
Tobias Lock · Arianna Andreangeli · Owen Kelly · Anthony Salamone Expert Reaction Today, First Minister Nicola Sturgeon set out the Scottish Government’s proposals on Scotland’s future relationship with the European Union, following the EU referendum in the summer. Our experts react to the paper, assessing what it means for Scotland’s relations with the rest of …
The High Court’s Judgement in Miller and Others – Four Brief Remarks
Tobias Lock Following the High Court’s ruling on whether the UK Parliament should be involved in the activation of the Article 50 process to leave the EU, Tobias Lock analyses the judgement. He observes that the UK government will find it difficult to construct an effective case on appeal, and that, should legislation indeed be …
Theresa May’s Great Repeal Bill – A Scottish Own Goal?
Tobias Lock The Prime Minister’s outlining of the Great Repeal Bill to bring all EU law into UK law, to be sorted through later, has many elements of strategic thinking, writes Tobias Lock. He suggests, however, that a wholesale legal relocation would clearly touch on competences devolved to Scotland, and the politics around legislative consent …