28 June 2017
An Early Deal-Breaker? EU Citizens’ Rights in the UK after Brexit, and the Future Role of the European Court of Justice
The UK has finally made an offer to allow some EU citizens to retain some rights in the UK after Brexit. There are two sets of issues that arise: the substantive rights that will need to be agreed to, and the enforcement of these rights. The UK government confirmed that the arrangements on offer will be enshrined and enforceable in UK law, that commitments in the Withdrawal Agreement will have the status of international law, but that the CJEU will have no jurisdiction in the United Kingdom. Despite this, there remains much uncertainty. Continue reading >>
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24 June 2017
The Brexit Divorce Bill – Großbritanniens Welt der alternativen Fakten
Der Brexit könnte für das Vereinigte Königreich teuer werden. Schätzungen gehen von bis zu 100 Mrd. Euro aus. Darüber wird in den seit dem 19. Juni 2017 offiziell laufenden Austrittsverhandlungen zu sprechen sein. Bisher wollten die Britten allerdings von alledem nichts wissen. Sie glauben gar, demnächst einen Scheck aus Brüssel zu erhalten. Der nachfolgende Beitrag möchte der rechtlichen Fundierung der britischen Gedankenwelt nachgehen. Schließlich macht es verhandlungstaktisch keinen kleinen Unterschied, ob Großbritannien lediglich moralisch oder auch rechtlich zur Zahlung einer Brexit divorce bill verpflichtet ist. Continue reading >>17 May 2017
The Singapore Silver Bullet
Is the CJEU's Opinion on the Singapore free trade agreement a boost for Brexit? After reading the Opinion my feeling is exactly the opposite. The Court has made a clever juggling exercise with Christmas presents for everybody. But in fact, the Court has saved the best Christmas present for itself. And there are hardly any gifts for Britain. In fact, the Opinion contains a paragraph that could blow up the entire Brexit process. Continue reading >>09 May 2017
Brexit Lawsuits, But Not As You Know Them
Calling in the lawyers is becoming a frequent response to the challenges of Brexit. While court actions on matters of constitutional law are well known, there is another, less publicised, avenue of legal resistance. The consequence: the Brexit bill is about to become a lot bigger. Continue reading >>19 April 2017
Of course you can still turn back! On the revocability of the Article 50 notification and post-truth politics
The British Prime Minister Theresa May has announced yesterday the intention to call a ‘snap’ general election to be held on the 8th of June 2017. This announcement, which has caught literally everyone off-guard, makes some strategic sense if read together with another contention stressed by Prime Minister May: that there is no turning back from Brexit. Which is untrue, both from the legal and political point of view. To put it shortly, the PM is lying. Continue reading >>18 April 2017
Should we fear a Frexit?
What would a ‘Frexit’ look like? Would Le Pen have to go through a referendum? And if so, would it be binding or advisory? Would the hypothetical President encounter the same difficulties as the British Prime Minister did with the Miller case? Would the French legal system allow for the Courts to have such a crucial role? Continue reading >>
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17 April 2017
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? Continue reading >>10 April 2017
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... Continue reading >>31 March 2017
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. Continue reading >>
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30 March 2017
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. Continue reading >>
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