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Post-Brexit issues

The UK-EU relationship and beyond


Following the UK's withdrawal from the EU there is continued interest in the current UK-EU relationship regulated by the Withdrawal Agreement and the Trade and Cooperation Agreement. This new relationship necessarily builds on the extensive EU legal framework developed during the UK's membership in specific areas. We have undertaken continued analysis of the UK's post-Brexit legislation through input into parliamentary proceedings such as debates on the Northern Ireland Protocol Bill and the Retained EU Law (Revocation and Reform) Bill. This engagement evidences the importance of sound independent expertise in informing parliamentary discussions and governmental decisions. Additional insights may be drawn from the EU's relationship with other major European countries (such as Switzerland), especially regarding the relevance of Swiss case-law on EU relations for the UK judiciary post-Brexit.

Below there are examples of the Fellows' engagement in this area through research, publications, and events.

Publications & reports

'The Retained EU Law (Revocation and Reform) Bill and the Rule of Law', Report of the formal meeting of the All-Party Parliamentary Group on the Rule of Law (21 February 2023).

Does Member State Withdrawal automatically extinguish EU citizenship? (2022)

Northern Ireland Protocol Bill - Committee Stage: A Rule of Law Analysis (July 2022)

Seven Reforms to Article 50 TEU (2021) 

Book Review of 'Brexit and the Future of the European Union: The Case for Constitutional Reforms, by Federico Fabbrini' (2021)

United Kingdom Internal Market Bill: A Rule of Law Analysis of Clauses 42 to 45 (September 2020)

The European Union (Withdrawal Agreement) Bill and the Rule of Law (January 2020)

Blogs & written evidence

The UK Supreme Court Northern Ireland Protocol Judgment: A Return to Pre-EU Membership Orthodoxy? , DCU Brexit Institute Blog (13 February 2023)

Joint written evidence submission to the House of Commons Public Bill Committee on the Retained EU Law (Revocation and Reform) Bill 2022 (16 November 2022)

Tempest in a Teapot? The European Commission's Northern Ireland Protocol Infringement Action against the United Kingdom (18 November 2022)

British Cavalier Attitude: Why the EU Should Push the UK to Trigger Article 16 of the Northern Ireland Protocol (29 May 2022)

European Scrutiny Committee - Oral evidence: Retained EU Law: Where next? (2 March 2022)

Brexit 'Freedoms', Risks and Opportunities? Certainty and uncertainty in the revision of retained EU Law (17 February 2022)

Schrödinger's Trafficking Directive and the Nationalities and Borders Bill: Simultaneously law and not law (17 December 2021)

The instability of the Northern Ireland Protocol: A present threat to the Rule of Law? (10 November 2021)

Modifying Retained EU law in the UK: Increasing Rule of Law Concerns (20 October 2021)

Case C-709/20 CG v The Department for Communities in Northern Ireland: A Post-Brexit Swansong for the Charter of Fundamental Rights  (27 July 2021)

The Northern Ireland Protocol "Sausage Wars": A case of "state civil disobedience"? (24 June 2021)

True (Bad) Faith 2020? Part Two: Excavating the Legal Rationale for the 'Emergency Clauses' in the UK Internal Market Bill (17 November 2020)

True (Bad) Faith 2020? Part One: The Commission Infringement Action against the United Kingdom for breach of the Withdrawal Agreement (8 October 2020)

A Barrier against the new incoming tide? The UK Internal Market Bill and Dispute Resolution under the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland (7 September 2020)

Written evidence submitted to the House of Commons Committee on the Future Relationship with the European Union: The EU-UK Joint Committee (15 May 2020)

The EU-UK Future Relationship and the Rule of Law (16 March 2020)

Brexit: In Transition (31 January 2020)

The new Irish Protocol could lead to the indefinite jurisdiction of the EU Court of Justice within the UK (23 October 2019)

Could the European Council impose a 'qualitative condition' to hold a second referendum or General Election on a new Brexit extension? (16 October 2019)

The Johnson Plan: a challenge to the EU legal order (4 October 2019)

Why the UK's Government's Demands on the Irish Backstop Would Violate the Sovereignty of the EU-27 (24 September 2019)

The Benn-Burt Extension Act: A Roadblock to a No-deal Brexit? (13 September 2019)

Events

Guest lecture on 'Retained EU Law: Origin, Functioning, and Future'  for the City Law School module on the UK & EU (12 April 2023)

'The Retained EU Law (Revocation and Reform) Bill'  Formal meeting of the All-Party Parliamentary Group on the Rule of Law (21 February 2023)

Divergence and alignment: The Rule of Law implications of the future relationship with the EU  (9 March 2020)

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