Category: EC law

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Asylum-Seeking Children Might Not Be Able To Reunite With Their Families After Brexit, Campaigners Warn – Rights Info

Posted September 3rd, 2019 in asylum, brexit, children, EC law, families, government departments, human rights, immigration, news, refugees by sally

‘The Home Office is looking to end the current system which reunites asylum-seeking children with their families if a no-deal Brexit goes through.’

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Rights Info, 2nd September 2019

Source: rightsinfo.org

People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers

Posted September 2nd, 2019 in EC law, environmental protection, news, planning by sally

‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

Parliament had failed on Brexit long before this prorogation – The Guardian

Posted August 30th, 2019 in brexit, constitutional law, EC law, news, parliament, prerogative powers, prorogation, referendums by sally

‘MPs had three years to come up with an alternative to no deal – and they failed.’

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The Guardian, 29th August 2019

Source: www.theguardian.com

No Deal Brexit risks reversing human rights progress in extradition law – UK Human Rights Blog

Posted August 28th, 2019 in brexit, EC law, extradition, human rights, news by tracey

‘The UK Government’s vow to leave the European Union “whatever the circumstances” on the 31st October has left the UK hurtling towards a no-deal Brexit this Halloween, but what does this mean for the rights of people subject to future extradition between the UK and the EU?.’

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UK Human Rights Blog, 28th August 2019

Source: ukhumanrightsblog.com

Home Office ad telling EU citizens how to stay in UK after Brexit banned for being ‘misleading’ – The Independent

Posted August 28th, 2019 in advertising, citizenship, documents, EC law, government departments, immigration, news, ombudsmen by tracey

‘A Home Office campaign informing EU nationals how to confirm their UK status after Brexit has been banned by the advertising watchdog for being “misleading”.’

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The Independent, 27th August 2019

Source: www.independent.co.uk

How will the UK immigration system cope with no deal Brexit? – Garden Court Chambers

Posted August 23rd, 2019 in appeals, bills, brexit, delay, EC law, freedom of movement, human rights, immigration, news, pilot schemes, statistics by sally

‘UK immigration reform is imminent. The Government’s 2018 White Paper proposals for a new immigration system appear to be here to stay and a no deal Brexit looks more likely than ever.’

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Garden Court Chambers, 22nd August 2019

Source: www.gardencourtchambers.co.uk

New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog

Posted July 24th, 2019 in appeals, contracts, EC law, holidays, news, references to European Court, Supreme Court by sally

‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’

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UKSC Blog, 24th July 2019

Source: ukscblog.com

Brexit activist Darren Grimes wins appeal against £20,000 Electoral Commission fine – Daily Telegraph

Posted July 22nd, 2019 in brexit, budgets, EC law, fines, news, ombudsmen, referendums, statutory interpretation by sally

‘Brexit activist Darren Grimes has won an appeal against a £20,000 fine imposed by the Electoral Commission for his activity during the 2016 Brexit referendum.’

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Daily Telegraph, 19th July 2019

Source: www.telegraph.co.uk

House of Lords passes amendment to help prevent no-deal Brexit – The Guardian

Posted July 18th, 2019 in bills, brexit, EC law, news, Northern Ireland, parliament, prorogation by tracey

‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’

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The Guardian, 17th July 2019

Source: www.theguardian.com

UK privacy watchdog notifies multi-million pound fines for data breaches – Technology Law Update

Posted July 11th, 2019 in data protection, EC law, electronic commerce, fines, news by sally

The UK’s data privacy regulator, the ICO, has started issuing notices of intention to fine data controllers under the GDPR for data breaches. The maximum fine the ICO can impose for a breach of data protection laws increased from £500k under the Data Protection Act 1998 to €20m or 4% of global annual turnover, whichever is greater, under GDPR. GDPR also introduced stronger data breach reporting and notification requirements.

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Technology Law Update, 10th July 2019

Source: www.technology-law-blog.co.uk

Fears UK law change could prevent scrutiny of money launderers – The Guardian

Posted July 11th, 2019 in EC law, media, money laundering, news by sally

‘Plans to introduce laws in Britain to combat money laundering could prevent the media and researchers from accessing vital information on the tide of dirty cash flowing around the world, campaigners and journalists have warned.’

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The Guardian, 9th July 2019

Source: www.theguardian.com

Ep 86: Brexit – The Conservative leadership election and a new EU negotiating team – Law Pod UK

Posted July 4th, 2019 in brexit, EC law, news, parliament, political parties by sally

‘Here Professor Barnard examines whether either candidate could sign up to a tariff free no-deal, the so called GATT 24 option, and what the timings for Brexit look like both here and in the EU.’

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Law Pod UK, 3rd July 2019

Source: audioboom.com

Yossi Nehushtan: The Unreasonable Perception of Rationality and Reasonableness in UK Public Law – UK Constitutional Law Association

Posted July 3rd, 2019 in EC law, export controls, international law, news, weapons by sally

‘In the recent case of R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant licences for the sale of military equipment to Saudi Arabia for possible use in the conflict in Yemen. The court found that the government had violated Article 2.2 of the EU Common Council Position 2008/944/CGSP, as adopted in the Secretary of State’s 2014 Guidance. Article 2.2 compels Member States to deny a licence for the sale of military equipment to other states if there is a clear risk that this equipment might be used ‘in the commission of serious violations of international humanitarian law’.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

Online pornography checks for under-18s ‘face new delay’ – BBC News

Posted June 20th, 2019 in children, delay, EC law, internet, news, notification, pornography, privacy, young persons by tracey

‘An age-check scheme designed to stop under-18s viewing pornographic websites is expected to be delayed for a second time. The changes – which mean UK internet users may have to prove their age – were due to start on 15 July after already being delayed from April 2018. While the government has not officially confirmed the postponement, it is expected to announce on Thursday that the date will be pushed back again. The reason for the delay is not clear.’

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BBC News, 20th June 2019

Source: www.bbc.co.uk

Cybersecurity certification gets an EU revamp – Technology Law Update

Posted June 14th, 2019 in computer crime, data protection, EC law, internet, news by sally

‘A new EU Regulation on cybersecurity promises a more coordinated approach across Europe. The new law will set up a framework for the establishment of European cybersecurity certification schemes. The intention is to prevent “certification shopping” based on different levels of stringency among member states. Certification will be voluntary initially, but regular assessments will be carried out to determine whether certification of particular products or services should become compulsory.’

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Technology Law Update, 12th June 2019

Source: www.technology-law-blog.co.uk

UK accused of ‘silently eroding’ EU pesticide rules in Brexit laws – The Guardian

Posted June 12th, 2019 in agriculture, brexit, EC law, environmental health, environmental protection, health & safety, news, pesticides, regulations by tracey

‘The UK has been accused of “silently eroding” key environmental and human health protections in the Brexit-inspired rush to convert thousands of pages of European Union pesticide policy into British law.’

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The Guardian, 12th June 2019

Source: www.theguardian.com

Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit? – UK Constitutional Law Association

Posted June 10th, 2019 in appeals, brexit, constitutional law, EC law, judicial review, news, parliament, prorogation, Supreme Court by sally

‘In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit.’

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UK Constitutional Law Association, 10th June 2019

Source: ukconstitutionallaw.org

MIB has to pay out for injury suffered on private land, says CA – Litigation Futures

Posted June 6th, 2019 in accidents, appeals, compensation, EC law, insurance, Motor Insurers’ Bureau, news, personal injuries by tracey

‘The Court of Appeal has upheld a ruling that the Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land.’

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Litigation Futures, 5th June 2019

Source: www.litigationfutures.com

EU citizens’ voting rights: ministers accused of ‘shocking complacency’ – The Guardian

Posted June 5th, 2019 in EC law, elections, electoral register, ministers' powers and duties, news by sally

‘The government has been accused of “shocking complacency” over the European election voting rights controversy as new data revealed that as few as one in 10 EU citizens were able to cast their vote in some areas of Britain.’

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The Guardian, 4th June 2019

Source: www.theguardian.com