Brexit

This post argues that the caseC-247/20 raises two important constitutional points from the perspective of EU relations law post-Brexit, which it explores in detail.

This post presents some further arguments that were neglected by the Court in its judgment in the case SN and SD.

This post while situates the case C-709/20 CG within the Union citizenship case law.

This post offers some answers that the TCA provisions on trade in goods and technical standardisation may offer.

This post considers the compromises revealed by Part 3 of the TCA on bespoke governance mechanisms and ECHR conditionality, and their implications for the new surrender mechanism.

This post analyses the UK government’s justifications for providing itself with a permission to breach the Withdrawal Agreement.

The first post in this two-parter will summarise the Commission’s arguments, before considering the legal base and enforcement mechanisms for the infringement procedures.

This post deals with the embedded assessment of a third country’s national security powers under the General Data Protection Regulation and addresses the criticism that a third country is held to stricter standards than a Member State of the Union.

This post seeks briefly to summarise the background and the Political Declaration before outlining the sides’ opening negotiation gambits and noting three paradoxes.

This post will analyse the legal sources informing the infringement proceedings and considers the proceedings as a reactive mechanism to ensure the UK’s compliance with EU law during extension, contrasting this to pro-active measures used for previous extensions.

This post will consider a specific question that arose during the passage of the Extension Act: whether the European Council could impose ‘qualitative conditions’ on a further extension.

This post will argue that it would be more normatively desirable for the European Union’s legislature to adopt measures in order to preserve these electoral rights for UK citizens.

This post will first summarise the judgment in Wightman v Secretary of State, before providing some comments thereupon.

This post analyses the arguments discussed by the Advocate General, building upon the two previous contributions discussing the judgment of the Inner House of the Court of Session in Scotland and arguing in favour of an interpretation of Article 50 TEU as not allowing revocation

This post will summarise the reasoning of the Court of Session judgment. It will then engage with the arguments for and against the proposition that notice under Article 50(2) may indeed be revoked unilaterally.

This post examines in depth the Court’s shift in interpretive methodology and the alternative approaches to the interpretation of the AFMP that could have been taken.

This post argues that EU law is creating a new class of mobile citizens, whose rights are not dependent on their nationality or location, but upon the fact that they move or have moved.

This post will consider the proposal on a joint EU-UK court to adjudicate upon citizens’ rights with a particular focus on whether the joint court could violate the Court of Justice’s stringent conditions for protecting the autonomy of the EU legal order.

This post comments on the ECJ's Opinion on the division of powers between the EU and the Member States in international investment law matters.

This post will consider the feasibility of the proposed European Free Movement Mechanism to address UK nationals’ loss of EU citizenship status and rights after their Member State’s withdrawal.

This post will argue that it is not necessary for the Court of Justice to prove an authoritative determination on this question of EU law in order for the UK Supreme Court to decide the specific question of UK constitutional law in the (R)Miller adjudication.

This post argues that the UK would have had the tools to restrict migration also without Brexit.