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NEWS
Since the EU referendum in 2016, the EU Justice Sub-Committee has scrutinised the impact of Brexit on various areas within its remit. In its latest publication, the Committee has produced a short summary of progress on citizens' rights, civil and criminal justice cooperation, consumer protection and intellectual property.
NEWS
The Northern Ireland Office has published the policy paper on safeguarding the Union which aims to strengthen the UK Internal Market and the Union long term while allowing the UK to benefit from EU freedom. The paper builds on the Windsor Framework. The paper has seven chapters and includes an account of progress to date, a summary of new package of measures and next steps.
NEWS
The Cabinet Office has published a joint statement by the UK government and the European Commission, on the Specialised Committee on the Implementation of the Windsor Framework's meeting on 24 January 2024 in Brussels. They discussed work done by both the UK government and European Commission, since the previous meeting on 20 September 2023, as well as implementation of the Windsor Framework in agri-food and customs. The Committee also emphasised the importance of joint engagement with Northern Ireland stakeholders and agreed to meet on a regular basis to ensure implementation of all elements of the Windsor Framework.
NEWS
The UK Supreme Court (UKSC) has published a lecture given by UKSC Justice, Lord Sales, on ‘Retained EU Law: Purposive Interpretation when the Constitutional Architecture Changes’. The lecture was the annual lecture of the UK Association of European Law given on 20 November 2023. In the lecture, Lord Sales: discusses the statutory interpretation as informed by the constitutional architecture; explains the legislative framework for withdrawal from the EU; examines the purpose of EU law as judged from the perspective of the EU and the UK; assesses the purpose of retained EU law (REUL) in the post-Brexit period; takes account of, and departing from, Court of Justice of the European Union (CJEU) caselaw; and, concludes by asking whether there are lessons to be learned from the jurisprudence of the Court of the European Free Trade Area.
NEWS
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period from 31 January 2024 to 6 February 2024.
NEWS
The Prime Minister's Office, 10 Downing Street has published the 'Draft decision of the Withdrawal Agreement Joint Committee amending Joint Committee Decision No 1/2023'. The draft decision has been introduced to amend Decision No 1/2023 in respect of the application of UK tarfiff rate quotas regarding the importation of specified goods into Northern Ireland. The list of specified goods have been set out in the Annex to the decision.
NEWS
The Cabinet Office has published the agenda for the meeting of the Specialised Committee on the Implementation of the Windsor Framework, to be held on 24 January 2024. Discussion points include implementation of the Windsor Framework, the Joint Consultative Working Group and engagement with Northern Ireland stakeholders.
PRACTICE NOTES
Public Law Brexit Q&As Are claims based on pre-Brexit facts now ‘brought forward’ as retained EU law or assimilated law? How far are UK courts bound by CJEU case law in those cases? What is the sifting process under the Retained EU Law (Revocation and Reform) Act 2023? Has the government published the list of legislation that will be repealed by the Retained EU Law (Revocation and Reform) Bill? To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018? What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit? What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU? How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation? Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit? What is the status of EU directives in
PRACTICE NOTES
This Practice Note outlines the implications for competition law arising from the UK’s withdrawal from the EU (Brexit) after the end of the implementation period (also referred to as the transition period) on 31 December 2020 (IP completion day). The Practice Note also considers how competition law could potentially change in the future. NOTE—This Practice Note does not consider the application of EU competition law in the UK to cases or investigations initiated by the European Commission (Commission) before 31 December 2020 or during the transition period (which ended on 31 December 2020). For further detail of the status of these cases, see further, CMA125. Background On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU (Brexit). This was a momentous decision with wide-ranging implications for UK law, including in relation to competition law. On 31 January 2020, the UK ceased to be an EU Member State (Exit Day). However, in accordance with the transitional
PRACTICE NOTES
ARCHIVED: This archived Practice Note outlines the key general implications in relation to employment law in England arising from the UK’s withdrawal from the European Union and the end of the implementation period (IP), also referred to as the transition period, for the Withdrawal Agreement, on IP completion day. The Practice Note also considers in what respects employment law has or may change after Brexit. It is not maintained and is for background information only. The Brexit ‘how to’ guide—your research queries answered collates a number of frequently-asked questions on Brexit-related research into a quick-reference Brexit ‘how to’ guide. You may find it helpful to refer to the guide before continuing your research. Key concepts From exit day (31 January 2020), the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member
PRACTICE NOTES
ARCHIVED: This archived Practice Note outlines the key general implications in relation to pensions arising from the UK’s withdrawal from the European Union (EU) and the end of the implementation period (also referred to as the transition period) on IP completion day (11 pm on 31 December 2020). The Practice Note also considers possible changes to pensions law post-IP completion day. It is not maintained and is for background information only. For information on the pensions implications of the Retained EU Law (Revocation and Reform) Act 2023, see Practice Note: Retained EU law (Revocation and Reform) Act 2023—impact on pensions law. What happened on IP completion day? On 31 January 2020 (exit day), the UK ceased to be an EU Member State and lost its entitlement to participate in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the implications for family law of the UK’s exit from the EU (commonly known as Brexit), and resources available in relation to both Brexit generally and family law specifically. It also details relevant statutory instruments with implications for family proceedings, together with guidance on retained EU law (known as ‘assimilated law’ from 1 January 2024). As of 31 January 2020, the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. See also Practice Notes: Brexit—introduction to the Withdrawal Agreement and What does IP completion day mean for family law? [Archived]. The implementation period (IP) ran from 11 pm on 31 January 2020 (exit