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The view from outside – the week in review 23 – 29 April 2018

Matrix’s Legal Support Service will provide The view from outside, a weekly look at the UK’s relationship with the outside world.

By Legal Support Service · On April 30, 2018

UK in Strasbourg

The ECtHR has handed down two judgments in cases involving the UK. In Gulamhussein & Tariq v UK (App nos 46538/11 and 3960/12), the Court rejected the appellants’ complaints regarding the UK’s security clearance removal procedures. In Khaksar v UK (App no 2654/18), the Court held that seriously ill people at risk of removal from the UK must exhaust all national remedies before applying to the ECtHR.

Evaluation of UK’s international obligations

Chris Law, SNP MP, has called on the UK Government to go further to protect children in conflict, including funding conflict-prevention initiatives and peace-keeping, with statistics showing that over 350 million children around the world are currently living in conflict zones – an increase of three quarters from the early 90s.

UNA-UK has joined with a group of 31 organisations to urge the UK to use the upcoming Non-Proliferation Treaty Preparatory Committee meeting to make progress on its international obligation to work in good faith for a world free of nuclear weapons.

UK’s post-Brexit relationship with the EU

A top aide to Theresa May reportedly stated that the Prime Minister could concede on the customs union. However, Cabinet ministers are reportedly preparing to confront her amid the growing prospect of a Government defeat over the UK’s customs arrangements with the EU post-Brexit. This has led to the Government restating its commitment to leaving the customs union.

Nonetheless, Theresa May’s office has rejected calls for the prime minister to turn the vote on the departure from the EU’s customs union into a vote of confidence. Meanwhile David Davis has said he would consider it a failure if the UK was forced to extend its membership of the EU customs union, amid mounting concern among MPs that time is running out for talks on alternative solutions.

The European Parliamentary Research Service Blog has analysed what think tanks are thinking as regards the future of Europe given the Brexit negotiations and recent elections.

Peers have voted 349-to-221 in favour of a cross-party amendment which rewords the EU (Withdrawal) Bill to say the powers to plug any gaps in UK legislation when existing legislation from Brussels is transferred onto the UK statute book can only be used if “necessary” rather than “as the minister considers appropriate” .

David Davis has admitted that a Commons resolution to approve the Brexit deal could be amended by MPs, meaning Theresa May could be forced to return to Brussels to seek a better EU exit deal.

For The Times, Carl Baudenbacher has argued that, with common ground in their legal systems, the UK and the EFTA states could forge a successful future together.
Theresa May is under growing pressure from leading Brexiters in her Cabinet to ditch her so-called customs partnership model with the EU, as many consider it would simply maintain the status quo.

Legal Support Service

Legal Support Service

The Legal Support Service provide research and paralegal support to Matrix members – whether by finding legal information (cases, legislation, articles, reports etc), producing bundles of authorities for court, or carrying out more substantial research. They also collate daily current awareness bulletins, covering Matrix’s major areas of practice, manage our intranet and extranets and administer the freelance research panel.




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