Richard Steppe and Wouter Devroe LERU Brexit Seminar Introduction After a Brexit, can companies established in Germany provide services to a recipient in France through a branch in the United Kingdom? This query, which has generally been addressed several times by the Court of Justice of the EU (the “CJEU” or “Court”), is topical …
Category: Law and Justice
The legal nature of the withdrawal agreement
Katharina Behrend LERU Brexit Seminar The negotiations between the EU and the United Kingdom (UK) about the UK’s withdrawal from the EU in March 2019 are underway. For both sides Brexit has proven to be much more difficult so far than expected. This can be observed with regard to its political but also its …
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 …
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 …
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) …