The post below was first published on our Litigation blog
On 13 June, the UK government published a presentation setting out its proposals for continued judicial cooperation once the UK leaves the EU. The presentation is part of a series produced by the UK negotiating team for discussion with the EU.
On 8 June 2018, The House of Lords European Union Committee published its report ‘UK-EU relations after Brexit’. The paper looks into the UK joining the European Free Trade Association, participating in the customs union, forming a customs partnership or establishing a Free Trade Agreement with the EU as possible scenarios for the UK’s post-Brexit relationship with the EU.
As part of the report, the Committee has published a colour-coded table showing the extent of agreement between the Government, the European Council and the European Parliament, across all policy areas. The Committee will update this table over coming months to reflect progress in negotiations.
Please, click here to read the full report.
This document has been produced by the UK negotiating team for discussion with the EU. It sets out the UK’s proposal for the customs element of a so called “backstop” arrangement to satisfy its commitments in relation to Northern Ireland.
To read the full document, please click here.
On 24 May 2018, it was announced that the Sanctions and Anti-Money Laundering Act (the “Act”) had received Royal Assent. The Act is the first piece of UK primary legislation governing the post-Brexit legal position and will create a post-Brexit framework for the imposition and enforcement of sanctions and the replication of the pre-Brexit anti-money laundering (“AML”) compliance regime. Continue reading
The presentation published today sets out the UK Government’s proposed approach for the future UK-EU economic partnership.
To read the full document, please click here.
The post below was first published on our FSR blog
The Foreign & Commonwealth Office has published guidance detailing the UK Government’s intended approach to sanctions exceptions and licences after Brexit. Sanctions exceptions and licences are mechanisms through which restrictive measures imposed by sanctions may be relaxed in specific circumstances. The guidance comes as the Sanctions and Anti-Money Laundering Bill (the “Bill“) reaches the final stages of the legislative process. The Bill has passed through both the House of Lords and the House of Commons, and is currently in the “ping pong” stage. Continue reading
The Commission has issued on 27 April 2018 its Notice to stakeholders on UK’s withdrawal of the EU and the internal energy market.
The Commission and the EU agencies have been producing “be prepared for Brexit notices” which give insights into their views of the consequences in the various policy areas of a no-transition or hard Brexit and often include recommendations as to action that stakeholders should take. Continue reading
The post below was first published on our PIL blog
On 18 April 2018 the European Commission (the “Commission“) presented the finalised text of the EU-Japan Economic Partnership Agreement (“EPA“) to the European Council and thereby took the first step in the EPA’s ratification process at the EU level. Getting to this point took significant time and effort: the first of 18 rounds of negotiations began in early 2013, dozens of meetings were held within the EU itself, and the consolidated text was not finalised until (almost five years later in) December 2017. While the time required to negotiate the text of the EPA is consistent with that taken by another recent EU agreement (the EU-Canada Comprehensive Economic and Trade Agreement (“CETA“) took a little over 5 years), both parties to the EPA appear keen to kick the ratification process into high gear. If the parties’ plans come to fruition, the EPA will enter into force by 29 March 2019 and potentially will do so even before the formal conclusion of CETA, the text of which was finalised years earlier than that of the EPA.
The UK Government has referred two key pieces of Brexit legislation recently passed by the Scottish Parliament and Welsh Assembly to the Supreme Court. The devolved parliaments’ bills seek to ensure the continuity of EU law and in doing so confer enhanced powers on the Scottish and Welsh governments post-Brexit. Following the referral, the UK and Welsh governments have reached a political compromise involving significant amendments to the European Union (Withdrawal) Bill (“EUWB“). Unless a compromise can be reached with the Scottish Government, the Supreme Court will rule on whether its legislation is within the Scottish parliament’s legislative competence.
The referral underscores heightened tensions between the UK and devolved governments over the demarcation of returned powers post-Brexit and the likelihood of future legal challenges and regulatory uncertainty in key devolved policy areas.
The post below was first published on our Intellectual Property blog
The UK has ratified the UPC Agreement today, 26 April 2018, which also happens to be World IP Day.
The UK IP Minister announced the ratification at a World IP Day event at the House of Commons this afternoon. It seems that the UK Government has listened to the many representative groups in the Patent arena who suggested that being part of the new system prior to Brexit was preferable to trying to join it post-Brexit. Now we need to wait to see if the German constitutional challenges can be resolved before the end of March next year. Continue reading