Tobias Lock It is widely accepted that a transition period (or in the UK Government’s parlance: implementation period) will be necessary to ensure an orderly Brexit. The rationale behind transition is twofold: nobody expects an agreement on the future relationship between the UK and the EU to be negotiated and ratified by 29 March 2019; …
Donal Coffey Most people will throw their hands in the air when confronted with the possibility of another EU referendum in the United Kingdom. This article does not argue in favour or against such a referendum, but asks the following question: From a legal point of view, does a withdrawal agreement concluded between the United …
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 …
Tobias Lock In ruling that parliamentary consent is indeed required before the UK’s EU withdrawal notification, the Supreme Court largely met expectations, writes Tobias Lock. He argues, however, that the Court’s determination that the practice of consulting the devolved legislatures is convention only and not law will have a political impact as the Brexit process …
Anthony Salamone Following the Prime Minister’s speech outlining the UK government’s priorities for Brexit, success in the negotiations will depend on the currently undefined details, writes Anthony Salamone. He argues that the UK government would do well not to repeat past mistakes in European negotiations and approach the Brexit talks with as constructive an approach …
Cormac Mac Amhlaigh The central question of the High Court case on the triggering of Article 50 was whether that process would effectively undermine existing Acts of Parliament, writes Cormac Mac Amhlaigh. He explains that, while the High Court embraced the substantive logic that Article 50 could in practice compromise existing law, the Supreme Court …
Tobias Lock Following the High Court’s ruling on whether the UK Parliament should be involved in the activation of the Article 50 process to leave the EU, Tobias Lock analyses the judgement. He observes that the UK government will find it difficult to construct an effective case on appeal, and that, should legislation indeed be …
Anthony Salamone While the UK’s record on negotiating with the EU has been mixed, it is nevertheless nearing one of the largest and most important diplomatic endeavours in its history with the Brexit negotiations, writes Anthony Salamone. He sets out six strategically unrealistic expectations which the UK should take care not to embrace, in order …
