Tag: EU Withdrawal Bill

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 …

Brexit and Environmental Protection in Scotland: The Road Ahead

Annalisa Savaresi Brexit’s implications for environmental law and enforcement in the UK are symptomatic of the challenges associated with breaking away from the EU’s regulatory and governance arrangements. While nobody is seriously suggesting that after Brexit the UK will become a lawless land, incapable of upholding the rule of law on environmental matters, the loss …

Lost in Brexit Transition?

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; …

Does UK Law Require a Referendum on the EU Withdrawal Agreement?

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 …

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 …

The Great Repeal Bill and the Challenge of Bringing Laws Home

Tobias Lock The practical process of transposing all existing EU law into the UK legal system brings with it many detailed and essential items for decision, the volume of which will likely favour the executive, writes Tobias Lock. He argues that EU withdrawal looks set to have a significant impact on the devolution settlements, as …

Will Brexit Mean More Devolution to Scotland?

Mark Lazarowicz The return of powers from the EU post-Brexit is often linked to an assumption that there will be consequential further devolution for Scotland, writes Mark Lazarowicz. He questions this view and suggests that the indications from the UK Government are that it may well adopt a more deliberative approach to the transfer of …

Thin Gruel: The UK Government’s Brexit White Paper

Tobias Lock Following the publication of the UK government’s white paper on EU withdrawal, Tobias Lock notes its echoing of previous statements and lack of policy detail. He writes that, while it is to be expected that the negotiations with the EU cannot be completely open, greater clarity on the government’s position would have been …