Category: Law and Justice

Drawing the Battle Lines: The Ongoing Standoff Between the UK Government and the ECHR

Dimitrios Kagiaros The UK government’s proposed derogation from the European Convention on Human Rights is based on inconsistent reasoning and would mark a departure from the justifications usually offered, writes Dimitrios Kagiaros. He argues that, rather than insulate UK soldiers from court challenges, the derogation could in fact weaken their human rights protections, and that …

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 …

A Lame-Duck Member State? The UK’s Position in the EU After the Referendum

Tobias Lock Despite the fact that it has not yet begun withdrawal negotiations or indeed left the EU, the UK is already experiencing a dramatic loss of power and influence within the EU, writes Tobias Lock. He argues that the role of EU law within the UK is also in question even now, since the …

Powers that Come into Play in Scotland’s Future Relationships with Europe

Drew Scott Britain’s Decision | The EU Referendum One of the main arguments in favour of withdrawal from the European Union centres on the return of sovereignty to the UK and, by extension, to Scotland, writes Drew Scott. He argues, however, that Scotland would be unlikely to see increased powers following an exit, due to …

Who Makes Our Laws – Brussels, Westminster or Holyrood?

Tobias Lock Britain’s Decision | The EU Referendum Questions around sovereignty and the extent of the impact of EU law on the UK and Scotland have been central in the EU referendum campaign, writes Tobias Lock. He argues that the policy areas which EU law covers is more significant than the quantity of legislation, and …

Brexit and Direct Taxation: What are the Implications?

Luca Cerioni and Sandra Eden The UK’s direct taxation system is interconnected with EU tax law, write Luca Cerioni and Sandra Eden. They suggest that, while the tax implications of a UK exit from the EU would be dependent upon whatever arrangements were made, the UK’s membership of other international organisations, such as the OECD, …

On Different Tracks: Bulgaria and Romania under the Cooperation and Verification Mechanism

Eli Gateva Romania and Bulgaria both joined the EU in 2007 and became subject to an ad hoc tool created by the European Commission to evaluate the progress of the two countries. Today, however, there is a growing gap between the two states: while European Commission officials have suggested the possibility of Romania graduating out …

Rule Britannia? Cameron’s Renegotiation and the Question of Sovereignty

Tobias Lock In-Depth Analysis One of the central components of the UK’s EU renegotiation has been the set of issues around sovereignty, writes Tobias Lock. He analyses the new ‘red card’ mechanism for national parliaments and suggests that the contents of the deal must be read in light of the debates on sovereignty in the …