Gibraltar and the "Brexit" – New Scenarios within a Historic Dispute. A Proposal.

The "Brexit" draws its consequences also on the legal status of Gibraltar within the EU. This leads to new perspectives on a historic dispute between British, Spanish and Gibraltan sovereignty interests. What could be the solution?

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Five Scenarios for Europe – Understanding the EU Commission’s White Paper on the Future of Europe

The European Commission has recently published a White Paper on the Future of Europe. With regards to the many crises the EU is currently facing, a coherent plan seems to be urgently needed. Instead of coming up with one single plan however, the Paper reflects five different scenarios…

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The Great Repeal Bill and the Charter of Fundamental Rights – not a promising start

On the day Brexit happens EU Law will be incorporated into the UK legal system, including the entirety of the Court of Justice’s case-law. This is a huge digestion of rules and judicial rulings, unprecedented in the way and speed in which it will take place. However, there is a piece of EU Law that will not be incorporated into UK Law. This is no ordinary or irrelevant piece. It is the Charter of Fundamental Rights of the European Union. It is another revealing sign of the impact that Brexit will have in the UK and, above all, for UK citizens and their rights.

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The Taming of Control – the Great Repeal Bill

Brexit is underway. For voters who wanted the UK to remain in the EU, the risk was how much would change after the UK leaves. For those who wanted the UK to leave the EU, the hope was that, indeed, much would change. Both sets of voters may be surprised at the efforts being placed on seeking continuity in governance. For Remain voters, while this may afford some comfort, it will simply reinforce the view that the better way of keeping things the same was for the UK to remain a Member State of the EU. For Leave voters, the outcome may be more ambiguous.

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After Article 50 and Before Withdrawal: Does Constitutional Theory Require a General Election in the United Kingdom Before Brexit?

On March 29th, Theresa May will notify the EU Council of the withdrawal of the United Kingdom from the EU. This is the result of the Brexit referendum which, for the first time in the United Kingdom’s constitutional history, has opened up a powerful new source of popular sovereignty as a social fact. It is necessary for the constitutional integrity of the United Kingdom that this new stream of popular social legitimacy is realigned with the existing stream of Parliamentary Sovereignty. The most effective and desirable way in which to achieve this would be for a General Election to take place.

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Once More unto the Breach? An Independent Scotland, Europe, and the Law

Today, Scottish First Minister Nicola Sturgeon has announced that she would ask the Scottish Parliament to allow her to agree with the UK Government on another independence referendum. The Scottish people should be given a right to decide – once the terms of Brexit are known – whether to stick with the UK and leave the EU or pursue the route of independence and stay within ‘Europe’. This blog post will briefly outline some of the legal obstacles on the way, both internal and external.

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Limiting the Constitutional Space of Scotland and Northern Ireland

Scotland might soon be having a second independence referendum, and Ireland is pushing for Northern Ireland rejoining the EU after Brexit. Why does the noble idea of a differentiated Brexit, that could absorb some of the tensions created by UK’s future withdrawal from the EU, seem to lose traction even within the political elites of Scotland and Northern Ireland? One possible answer might be that the UK political and constitutional framework does not provide for a supportive environment. In fact, the judgment of the Supreme Court in Miller points to the limits of the UK political and constitutional order to accommodate the demands of the devolved nations.

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The EU (Notification of Withdrawal) Bill: Bargaining Chips on the Commons Table

EU citizens living and working in the UK will, according to the House of Commons, not be ensured a right of residency after Brexit, as the government wishes to use them as bargaining chips with Brussels – a move both strategically misguided and morally indefensible. Now, all eyes are on the House of Lords.

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The Miller decision: Legal constitutionalism ends not with a bang, but a whimper

Miller was essentially a case which was argued before, and decided by, the court on the basis of the English Imperial constitutional tradition forged in the Victorian age. This judgment has made the political constitution of the devolved United Kingdom as a whole more unstable, more brittle, more fragile and more likely to break-up precisely because it denies the devolved nations’ institutions any legal right to participate in the Brexit process.

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Sailing uncharted waters – for how long? On transitional post-Brexit trade arrangements

Given the short timeframe for negotiating an exit agreement, the UK and the EU-27 may not be able to agree on new terms for their future trade relations before the UK’s formal exit from the EU takes effect. Consequently, many experts are pushing for a transitional arrangement.

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