The week’s developments and legal opinions
The judicial review hearing in the name of Deir Dos Santos, a UK citizen is set for 19 July, although this will be a permission hearing, rather than a substantive hearing. The Mishcon de Reya hearing is still at the pre-action correspondence stage; there has been no claim form or letter before action. It is understood that action is also being considered by a third party: see the JoK link The two Article 50 legal claims – the current details below.
Brick Court Chambers has launched a dedicated website, Brexit Law. Of particular interest at present are:
- EFTA and the EEA: What are they?, an issue that to date has not been often addressed, (but see the oral evidence of Michael Dougan, Professor of European law, University of Liverpool, to Treasury Committee on 5 July);
- Will the UK continue to implement EU law pending Brexit?, in which Helen Davies QC points out that until the UK completes the process of withdrawal from the EU, it remains obliged to transpose EU Directives into UK law: Article 288 TFEU.
Although posted immediately post-Brexit, The immediate legal consequences of Brexit under a new Prime Minister by Richard Gordon QC provides a useful summary of the headline issues to be addressed.
The UK Dimension
- Oxford Business Law Blog: A New Referendum is a Constitutional Requirement: Pavlos Eleftheriadis argues that the European Union Act 2011 establishes a ‘referendum lock’ before an amendment of the EU Treaties can be ratified by the UK and that Brexit will have to be approved both by an Act of Parliament and by the electorate in a (?further) referendum. [4 July]