UK in CJEU
The CJEU has ruled in R (on the application of PJSC Rosneft Oil Company) v HM Treasury & Ors (C-72/15) that the restrictive measures imposed by the UK based on the EU Council decision 2014/512/CFSP and regulation No 833/2014 against certain Russian undertakings are valid.
Evaluation of UK’s international obligations
The Law Society’s written evidence to the Joint Committee on Human Rights states that there is little evidence in support of the UK’s derogation from the ECHR, and that doing so is unlikely to achieve the Government’s stated aim of reducing vexatious claims against soldiers in any case.
UK’s post-Brexit relationship with the EU
The Council of the EU has set out its draft negotiating guidelines for Brexit, with Donald Tusk making remarks on these next steps following the UK notification of withdrawal. Meanwhile the House of Commons Library has published a paper summarising the starting points of the UK and the EU institutions at the beginning of the art 50 process.
The Exiting the EU Committee has published a report considering the Government’s negotiating objectives, though some pro-Brexit Tory MPs have disowned the ‘negative’ findings within the report. The House of Lords EU External Affairs Sub-Committee has launched a new inquiry into the UK sanctions policy after Brexit.
There has been controversy as these draft guidelines state that no agreement between the UK and EU may apply to Gibraltar without the agreement of Spain. However, Spain has urged the British government to keep a cool head in the negotiations over the future of Gibraltar after the former Conservative leader Michael Howard suggested Theresa May would be prepared to go to war to protect the territory as Margaret Thatcher once did over the Falklands.
Jonathan Powell, Tony Blair’s former chief of staff and a key player in bringing peace to Northern Ireland, has stated that Brexit is the most difficult negotiation seen in his lifetime. Meanwhile, chancellor Philip Hammond has stated in an interview with Blomberg Politics that some within the UK’s governing party oppose reaching any agreement with the EU, though some Cabinet Eurosceptics are backing the PM’s softer approach to Brexit.
The House of Commons European Scrutiny Committee has published a report on Brexit and the Government’s approach to European scrutiny, meanwhile the House of Commons Library has published a paper considering what EU Directives are and what will happen to them post Brexit.
The Director of Chatham House, Dr Robin Niblett CMG, has discussed the complexities of Brexit, and why Theresa May’s domestic battles could be equally as contentious as the EU negotiations over the next two years, and Janos Martonyi for the Wilfried Centre for European Studies has discussed the negotiations’ legal framework and political constraints. Meanwhile Dr Angus Armstrong for the LSE Brexit blog has considered the different paths the UK could take through the Brexit negotiations and Andrew Duff for Policy Network has set out some suggested guidelines for reaching a soft Brexit.
Mishcon de Reye and Kreab have published their April Brexit report, bringing news of the tone and mood of the negotiators to the statements and intentions communicated by the EU27. Meanwhile Herbert Smith Freehills have produced a report discussing the Government’s white paper on the Great Repeal Bill.
Senior legal experts have warned that Holyrood and the Scottish government need to take urgent action to cope with the unprecedented legislative challenges posed by the UK’s departure from the EU.
The Association of British Travel Agents is urging the Government to protect the many benefits currently enjoyed by UK holidaymakers under EU membership, including visa-free travel and free or reduced healthcare, in Brexit negotiations.