Category: Law and Justice

Brexit: The Future of Private Antitrust Enforcement in the UK

Francesca Gelmini LERU Brexit Seminar EU antitrust rules, laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), are directly applicable and produce direct effect – namely, they create obligations and rights which national courts have the duty to safeguard. Indeed, the practices forbidden by Articles 101-102 …

Brexit and EU Competition Law: Managing the Transition

Friso Bostoen LERU Brexit Seminar Following Brexit, competition policy on both sides of the Channel will have to undergo a number of changes. These changes will be most significant in the United Kingdom, which is reflected in the amount of research focusing exclusively on that side of the Channel. To guide this process, the House …

Brexit and the Role of the European Parliament

Darren Harvey LERU Brexit Seminar The purpose of this piece is to update my recent article in the European Law Review on the role of the European Parliament during the Article 50 TEU process. At the time when the paper was originally accepted for publication, formal notification of the UK’s decision to withdraw from the …

Brexit and the Impact on Rights in the EU

Tobias Lock LERU Brexit Seminar What consequences will Brexit have for rights in the European Union? While there has been some discussion on the consequences of Brexit for rights protection in the UK, the potential impact of the UK’s withdrawal for rights protection in the rest of the EU has hardly been touched upon. One …

What Future for the Charter of Fundamental Rights in the UK?

Tobias Lock Despite the EU Withdrawal Bill’s premise to incorporate EU law into UK law, the exclusion of the Charter of Fundamental Rights but the inclusion of general rights principles in EU law has created confusion, writes Tobias Lock. He argues that the current approach of the bill will result in legal uncertainty over which …

Dispute Resolution after Brexit

Tobias Lock Prime Minister Theresa May’s Brexit ‘red line’ on a role for the European Court of Justice has been a major source of complication in the early stages of the negotiations, writes Tobias Lock. Analysing the recent UK government negotiating paper on dispute resolution, he argues that its shift in emphasis from no ECJ …

One Year on from the EU Referendum

Tammy Hervey and Jo Shaw Referendums are a relatively new feature in the UK’s constitutional landscape and, considering the EU referendum’s limited franchise, it misrepresents the result to suggest that it spoke for the whole of the country, write Tammy Hervey and Jo Shaw. They argue that, going forward, it is essential to ensure that …