Category: Law and Justice

Regulation of Unfair Trading Practices between Businesses after Brexit

Tom Verdonk LERU Brexit Seminar   With the UK’s imminent withdrawal from the EU, the EU’s motto “United in diversity” has clearly taken a hit. While the motto is generally used to refer to European cultural diversity, it could equally apply to some legal domains. One legal area in which EU Member States have shown …

Criminal Cooperation, Brexit and the devolved nations: where are we and what is the way ahead?

Anni Pues Brexit and Rights Engagement Network     Brexit will bring to an end judicial and police cooperation between the UK and the EU as we know it. The UK government seeks to retain key elements through a specific ‘security treaty’. Its White Paper from July 2018 envisages that for the area of ‘internal …

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 …

Enforceability of Workers’ Rights after Brexit

Rebecca Zahn Brexit and Rights Engagement Network In the run-up to the Brexit referendum, workers’ rights were invoked repeatedly by both sides of the campaign, as either a reason to back or oppose a British exit from the EU. Following the referendum, the debate over workers’ rights and their continuing protection once the UK leaves …

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 …

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 …