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Brexit round-up – week commencing 10 Apr 2017

Matrix’s Legal Support Service provides a weekly round-up of Brexit-related links and news.

Brexit and the UK constitution

  1. The Commons Public Administration and Constitutional Affairs Select Committee has published a report considering the lessons learned from the EU referendum, expressing concerns that Russia and China may have interfered in the vote.
  2. Rosie Slowe, for the UK Human Rights Blog, has written an article arguing that: as a matter of UK constitutional law, the EU Treaties, and customary international law, Theresa May’s letter of notice issued under Article 50 should have inferred conditionality.
  3. Fifty European politicians, mainly European Greens–European Free Alliance MEPs, have stated that an independent Scotland would be “most welcome” to join the EU, and that they would ensure any transition to full membership would be as “swift, smooth and orderly as possible”.
  4. In the LSE Brexit Blog, Anthony Salamone argues that political deadlock between the UK and Scottish governments over Brexit might have been avoided had a sense of compromise prevailed.
  5. The Conversation has published an article discussing the lack of precedent for Brexit in terms of withdrawing from international organisations, and discussing the closest relevant parallel of the League of Nations.

The UK’s post-Brexit deal with the EU

  1. It’s been reported that senior Brussels sources have stated that Michael Barnier, the EU’s chief Brexit negotiator, lobbied for the UK to be prevented from withdrawing its Article 50 notice without the consent of the rest of the EU.
  2. A Commons European Scrutiny Select Committee report argues that the UK Government must still consider EU legislative proposals until Brexit occurs. The Commons Science and Technology Select Committee has welcomed the Government’s industrial strategy Green Paper, but states that it could give more room for discussing its links with Brexit.
  3. Hundreds of Government contracts with the private sector that were due to expire, are reportedly to be automatically extended because civil servants are too busy with Brexit to focus on new and better-value tenders.
  4. LSE’s Simon Hix has discussed four ways that a hard Brexit could be pro-European.
  5. The Conversation has published an article discussing the EU agencies from which the UK will no longer benefit post-Brexit, and considering the extent of this loss.

Impact of Brexit on the economy

  1. The Bank of England has written to UK financial services firms asking them to send a summary of their contingency plans for Brexit to the Prudential Regulatory Authority by July.
  2. France’s finance minister has warned that the City of London will lose lucrative euro-dominated trading operations post-Brexit, saying that allowing them to continue there would threaten the currency bloc’s sovereignty.
  3. The UK Chamber of Shipping has predicted problems across European ports unless a frictionless border is in place post-Brexit.

Brexit as it affects Practice Areas:

 Competition and Regulatory

Kluwer Competition Law Blog considers the impact of Brexit on merger control, enforcement of cartels, and the evolution of private antitrust litigation.

Employment

The Financial Times reports that employers are struggling to re-assure staff and clients who are EU nationals owing to the uncertainty of their status.

Health

Baker McKenzie have published an update on the latest key implications of Brexit on the healthcare industry.

Immigration

The Joint Council for the Welfare of Immigrants has issued a new post-Brexit Immigration policy paper, highlighting six areas for reform to ensure that the UK remains open, welcoming and fair to both EEA and non-EEA migrants coming here in the future.

Pro-Brexit group, Leave Means Leave, have unveiled a plan to cut net migration to 50,000 a year, involving freezing non-skilled arrivals and a £35,000 salary minimum requirement.

A poll reported by The Guardian has found that over-50s considering leaving the UK to move abroad have been deterred by concerns over access to good healthcare following the exit from EU.

Events

  1. IALS is hosting an event with speaker Professor Sionaidh Douglas-Scott discussing ‘Legislation and Brexit’ on 8 May 2017 from 18.00-19.00.
  2. The KCL Centre of European Law is running a seminar discussing Brexit and citizenship and a round-up for the legal framework for the future on 9 May 2017, beginning at 18.00.