The view from outside – the week in review 5 June – 11 June 2017

UK & other courts

The campaign group, Privacy International, has argued in the Investigatory Powers Tribunal that interception of social media that is not targeted and subject to sufficient safeguards is forbidden by a previous European judgment, and the Tribunal is considering whether to refer the issue back to the CJEU.

Evaluation of UK’s international obligations

In the wake of the recent terrorist attacks, Theresa May has declared she is prepared to rip up human rights laws to impose new restrictions on terror suspects and make it easier to deport foreign suspects. However, Keir Starmer has said that Britain’s human rights law does not prevent the successful capture and prosecution of terrorists, and has warned that hard-won freedoms should not be traded unnecessarily. Meanwhile the Council of Europe has stated that the UK could only derogate from the ECHR if it declared a state of emergency.

UK’s post-Brexit relationship with the EU

Returning to campaigning, Theresa May has rejected a ‘half-in, half-out’ Brexit deal, stating that she does not want to ‘fudge’ the withdrawal. Meanwhile the editor in chief of InFacts, Hugo Dixon, has discussed in a podcast how pro-Europeans should vote in the election to stop a destructive Brexit. The Financial Times has analysed the so-called Brexit election.

Reportedly, EU negotiators are bracing themselves for a ‘big crisis’ over Brexit soon after the general election, including a possible walkout as early as the summer.

The Times (paywall) has discussed the risk of a lack of parliamentary scrutiny resulting from the ‘tsunami’ of legislation that will be required following Brexit to bring 45 years’ worth of legislation onto the domestic statute book.

According to The Guardian, the EU is considering a €1bn defence fund as Britain’s impending departure raises hopes of deeper military cooperation in the bloc.

Nicola Sturgeon has stated that Theresa May will struggle with Brexit negotiations due to her character and because it is difficult to establish a rapport with her.