Brexit questions in national and EU courts

It has been predicted that Brexit issues will give rise to many legal actions in UK and other Member States’ courts, and the Court of Justice of the EU. While there have not yet been a great many, several cases have been brought by UK citizens living in other EU Member States, while other cases have been interesting for their implications for the UK’s future relations with the EU. This paper looks at issues that have been the subject of legal action in UK and EU courts. …

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The October 2019 EU UK Withdrawal Agreement

Boris Johnson’s Government have negotiated a new ‘deal’ with the European Union. It is formed of a Political Declaration and a Withdrawal Agreement. This paper focuses on the Withdrawal Agreement and how it compares to the one negotiated by Theresa May’s Government in November 2018.

The main differences are in the Protocol on Ireland/Northern Ireland or the ‘backstop’ as it is commonly known. It contains very different arrangements, the UK will no longer be in a single customs territory or union with the EU. The UK will no longer be legally bound to continue with level playing field commitments at the end of the transition period.

Northern Ireland will still be in the UK’s customs territory and VAT area, however, the region will align with the EU’s rules in these areas. Northern Ireland will remain mostly aligned to the EU’s regulations for goods. Four years after the end of the transition period Northern Ireland’s democratic institutions will vote on whether they wish to continue the arrangements in the Protocol.…

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Northern Ireland, Citizenship and the Belfast/Good Friday Agreement

The definition of ‘EEA citizen’ in the rules for the Home Office’s settled status scheme has recently changed. What are the consequences? How do these changes affect the people of Northern Ireland? Why are some people unhappy with these changes? What does British nationality law say about people born in Northern Ireland? How do these nationality laws interact with the birthright provision of the Belfast/Good Friday Agreement? What does the European Convention on Human Rights say about identity and immigration? What do the people of Northern Ireland say when they are asked about their nationality? This paper looks at the complex issues behind all these questions.…

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The UK’s future immigration system

After the UK leaves the EU the Government plans to implement a new, unified immigration system, which will apply to all people who come to the UK. According to the Government they intend to implement the future immigration system from 1 January 2021. This briefing sets out the current proposals for the future immigration system, although many of the details remain unknown. …

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The Common Travel Area and the special status of Irish nationals in UK law

The Common Travel Area is a special travel zone between the Republic of Ireland and the UK, Isle of Man and Channel Islands. It dates back to the establishment of the Irish Free State in 1922. This briefing focuses on how the CTA operates between the UK and the Republic of Ireland.…

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No-deal Brexit: A guide to Commons Library research

The No-deal Brexit: A guide to Commons Library research is an annotated bibliography of sources published by the House of Commons Library on a potential no-deal Brexit. It will be updated regularly. Links to the papers included in the resource are available on this page, the downloadable version includes additional comment on some of the selected papers.…

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British citizenship by naturalisation

This briefing explores the process for adults to become British citizens by naturalisation under the British Nationality Act 1981. The briefing considers the current requirements for naturalisation and provides some historical context. It addresses the requirements for naturalisation including the good character requirement and the requirement to show knowledge of language and life in the UK. It also address naturalisation fees over the past decade. …

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EU Settlement Scheme and looked-after children and care leavers

A Westminster Hall debate on the “EU settlement scheme in relation to looked after children and care leavers” has been scheduled for Tuesday 3 September 2019 at 11:30. The debate was nominated by the Backbench Business Committee and Steve McCabe MP, Tim Loughton MP and Stuart C McDonald MP. …

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