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Short Course: Brexit and the Rule of Law

17th October 2017

Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP

Course Lead: Justine Stefanelli, Maurice Wohl Associate Senior Research Fellow in European Law

The rule of law has universal relevance for all involved in the law, justice system and legal policy. This innovative course introduces participants to using the rule of law as a practical tool for legal work in the context of the UK's withdrawal from the European Union. The impending withdrawal raises a number of rule of law issues for those in government and parliament directly involved in the withdrawal process, and for legal practitioners, judges and academia. Through attendance of this course, you will understand how Lord Bingham's rule of law principles apply to various aspects of Brexit, and how the rule of law can be drawn upon as an invaluable principle and framework for your work. The course will be conducted so as to encourage interactive discussions using practical examples to enhance applied learning.

The Bingham Centre's leading rule of law experts deliver the sessions that are aimed not only at those in legal practice, but also NGO staff and academics who work on law reform and legal policy. The sessions use rule of law standards, such as the Venice Commission's Rule of Law Checklist, as a touchstone and resource that translates the rule of law into a detailed set of questions and issues.

Download the course flyer

Course topics

Introduction to the Rule of Law

Making the Law Accessible and Foreseeable

A key challenge of Brexit will be to clarify the content of EU law that will continue to apply in the UK upon exit, unless it is modified. What exactly is 'retained EU law' and when is 'exit day' under the EU Withdrawal Bill?

Delegated Powers and Accountability

What is the scope and nature of the powers delegated by the EU Withdrawal Bill and what does that mean for state accountability?

Access to Effective Legal Remedies

What role the Court of Justice of the EU will play during and beyond withdrawal, and the position of the UK courts when faced with matters implicating EU law.

The Legal Status of EU Nationals in the UK

The Government has published its plan to safeguard the position of EU citizens living in the UK, which links lawful presence with the right to remain. This module will examine the extent to which this is compliant with the rule of law principle of legal certainty and non-retrospectivity, and it will also consider the future of rights acquired by EU citizens under EU law.

Brexit and its Impact on Northern Ireland

This session will examine some of the rule of law issues arising as a result of Brexit for Northern Ireland, as well as the implications of withdrawal for the border between Northern Ireland and the Republic of Ireland, from an international law perspective.

Download the course programme

Join the conversation for this event @BIICL #ROLBrexit

Fees and applying

The course fee is £235 for members and non members

Course fee covers:

  • Tuition and course materials
  • Refreshments (tea/coffee/water) during sessions plus sandwiches during the lunch breaks
  • Certificate of completion (hardcopy and electronic version)

Group Booking Discount

  • 15% discount applies if four or more people from the same company register
  • 30% discount for third sector organisations booking two or more places

To book using the group booking discounts please contact events team

Teaching arrangements

Teaching will be seminar style with an emphasis on class discussion and applied learning.

All sessions will be taught in English. If you are not a native English speaker, you will need to have experience of studying in English at university level or to have achieved an appropriate score in the International Language Testing System (IELTS) or an equivalent programme.

CPD Information

The course is worth the equivalent of 6 CPD hours.

Photography and audio recording

Please note that our events may be photographed or audio recorded. These materials will be used for internal and external promotional purposes only by the British Institute of International and Comparative Law. If you object to appearing in the photographs, please let our photographer know on the day. Alternatively you can email BIICL Marketing Manager, Carmel Brown, in advance of the event that you are attending.

Event Cancellation Policy

Cancellation by us

The British Institute of International and Comparative Law reserves the right to modify or cancel any event if unforeseen circumstances arise. If we cancel an event we shall inform you as soon as possible using the contact details provided to us and offer you a full refund.

Cancellation by you

All cancellations must be made in writing via email to eventsregistration@biicl.org and be no less than one week prior to the event.

Payment for registration will always be required, and must be made prior to the event. If sufficient written notification of cancellation is received, a full refund will be given. If insufficient notice is given, payment for your registration will still be required.

By registering for an event, you have confirmed that you have read and understood our cancellation policy.

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