Articles for category: English Articles

BrEXIT AND BreUK-UP

How to balance the aim of the UK to leave the European Union with the complex independence and border issues this would cause in Scotland and Northern Ireland? One possible scenario could be for Scotland to broker a five-year EFTA-EEA "naughty step" membership for the United Kingdom, at the end of which Scotland could itself become an independent EFTA-EEA member state and thus be well positioned to re-enter the European Union.

Statutory tinkering: on the Senate’s changes to the Law on the Polish Constitutional Tribunal

The infamous law on the Polish Constitutional Tribunal of July 7th has met with an outcry of criticism among constitutional scholars. Last week, the upper chamber of the Polish Parliament, the Senate, has introduced a number of changes to meet some of the concerns. On the whole the effort amounts to little more than statutory tinkering, though. The effect, the emasculation of constitutional control in Poland, remains unchanged.

10 (pro-EU) reasons to be cheerful after Brexit

As the dust continues to swirl around the momentous Brexit referendum result a month ago (and doesn’t show any signs of settling anytime soon) I suspect many EU sympathisers will be somewhere in the middle of the various stages of the Kübler-Ross Grief cycle: denial, anger, bargaining, depression, acceptance. So, somewhat incongruosly, are the ‘leavers’. Whereas there are almost as many emotions being experienced on all sides as there are potential options on what will happen next both in terms of the UK’s future relationship with the EU as well as the future of the EU itself, in this post I want to set out a number of (pro-EU) reasons – some obvious, some optimistic, others wildly speculative – to be cheerful amidst the uncertainty created by the Brexit vote.

AG Saugmandsgaard Øe on Mass Data Retention: No Clear Victory for Privacy Rights

The opinion of the CJEU Attorney General on mass data retention has been long awaited by anyone interested in privacy rights, and more generally the relationship between states and their citizens during this period of an extended “war on terror”. While some civil rights groups have already claimed victory, on closer look the opinion of the AG is not an unmitigated success for privacy activists: It gives considerable discretion to member states to enact data retention provisions providing they meet the Digital Rights Ireland standard.

After Brexit: Time for a further Decoupling of European and National Citizenship?

According to the President of the European Council, Donald Tusk, the issue of Scotland’s EU membership after Brexit is ‘a matter for the UK’. That statement is simply false: the future EU citizenship of UK nationals is not a domestic matter but an issue – perhaps the issue – for the Union as a whole to determine.

Like a Bargaining Chip: Enduring the Unsettled Status of EU Nationals Living in the UK

Yesterday, the UK Government has issued a statement to reassure EU nationals living in the UK as to their post-referendum status. While hundreds of EU nationals channel their relief through social media in welcoming the news and British businesses praise the Government for giving them the reassurance needed, to a more expert eye things seem much less reassuring.