Anthony Salamone Since the European Parliament elections in May, attention in Brussels has focused on determining the leadership of the EU institutions for the new institutional cycle (2019-2024). On 2 July, following three days of summitry, EU leaders announced their selections for four EU top posts – the Presidents of the European Commission, European Council, …
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 …
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 …
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 …
EU Citizens Living in the UK: Protection from Deportation under EU Law
Adrienne Yong Brexit and Rights Engagement Network Despite the fact that EU citizens enjoy the right to move to and live in other Member States, the UK Government has seemingly recently ramped up efforts to deport larger numbers of those living here. In the year ending June 2017, 5301 EU citizens were deported from the …