This briefing paper summarises a selection of Court of Justice of the EU (CJEU) judgments from 2020.…Read more
Governance is one of the principal sticking points in the negotiations on the future UK-EU relationship. This briefing paper outlines the key differences between the UK and EU approach. …Read more
The tables in this paper provide a summary of the UK and EU positions in the future relationship negotiations, based on their proposed draft treaty texts and other publicly available statements…Read more
This paper provides an update on the first three rounds of negotiations on the future UK-EU relationship and analysis of the draft new partnership treaty tabled by the EU in March 2020…Read more
The UK and EU begin negotiations over their future relationship this week. This paper outlines the UK and EU’s objectives, the main issues of contention and the process being followed in the negotiations …Read more
The UK left the EU on 31 January 2020 at 11pm GMT with a ratified Withdrawal Agreement. The changes brought about by Brexit have been implemented predominantly through the EU (Withdrawal) Act 2018 and the EU (Withdrawal Agreement) Act 2020. This briefing paper explains the constitutional and legal implications of those two Acts, taken together, and what it means for the next part of the Brexit process.…Read more
The Court of Justice of the EU (CJEU) interprets EU law. Although the UK has left the EU the CJEU will continue to have jurisdiction over some matters affecting the UK during the transition period, and beyond.…Read more
This briefing paper summarises a selection of Court of Justice of the EU (CJEU) judgments from 2019.…Read more
A briefing on the European Union (Withdrawal Agreement) Bill 2019-20, published in December 2019, and a comparison with the previous version of the Bill considered by the House of Commons in October 2019.…Read more
The Private International Law (Implementation of Agreements) Bill 2019-20 was announced in the Queen’s Speech on 19 December 2019.
No date is yet available for second reading.…
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. …Read more
The UK and EU agreed a revised Political Declaration on the framework for the future UK-EU relationship on 17 October. This Briefing provides an outline of the contents of the Declaration and the key changes in the revised text …Read more
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.…Read more
We don’t know what the future relationship between the UK and the EU will be. It has been suggested that an Association Agreement might be appropriate because it is a fairly flexible kind of agreement and can include a Deep and Comprehensive Free Trade Area. But an Association Agreement also requires a degree of legislative approximation of the third country with the laws of the EU, and it isn’t clear whether the UK Government would find this acceptable. This paper looks at the scope and contents of some existing Association Agreements.…Read more
This paper compiles responses to a variety of frequently asked questions by MPs on behalf of their constituents who own property in another Member State but do not live there full-time, and wish to know what will change for them after Brexit.…Read more
This briefing looks in detail at the Withdrawal Agreement negotiated between the EU and UK and finalised on 14 November 2018. It was endorsed by EU Member State leaders at a special European Council summit on 25 November and the UK Prime Minister promoted it in the UK Parliament and around the country. The Agreement was debated at length in Parliament on several occasions and has been voted on three times. But the House of Commons has not endorsed it. A second extension of Article 50 took exit day to 31 October 2019, but once again the UK is faced with the possibility of leaving the EU without an agreement if this agreement or another one is not ratified by the UK and the EU. …Read more