Examining the new legal relationship between the UK and EU
In this blog post Clíodhna Kelleher of Monckton Chambers discusses the judgment in Angesom’s Application [2023] NIKB 102, in which the High Court of Northern Ireland considered the UK government’s commitment in Article 2(1) of the NI Protocol to safeguard certain human rights and equality obligations under the Belfast / Good Friday Agreement in the aftermath of Brexit.
Continue reading “Charter rights post-Brexit in Northern Ireland”
The Court of Appeal has handed down judgment in SSWP v AT [2023] EWCA Civ 1307. In it, it has confirmed that the Charter of Fundamental Rights of the European Union (“the Charter”) applies to the interpretation of the Withdrawal Agreement (“the WA”), a decision with far-reaching consequences for the millions of individuals exercising rights of residence under the WA. In this blog post, Clíodhna Kelleher of Monckton Chambers discusses the judgment.
Continue reading “Charting old territory: the role of the Charter in the interpretation of the Withdrawal Agreement”
In this blog post, Jack Williams of Monckton Chambers comments on C G Fry and Son Ltd v Secretary of State for Levelling Up Housing and Communities [2023] EWHC 1622 (Admin) (“Fry”). The case is relevant for those seeking to determine when provisions of EU directives remain part of domestic law post-Brexit as part of retained EU law.
Continue reading “Frying up a “kind of” answer for when directives form part of retained EU law”
In this post Clíodhna Kelleher of Monckton Chambers discusses the EEA EFTA Separation Agreement, freedom of movement law in the EEA, and how the citizens’ rights provisions in the EEA EFTA Separation Agreement conform to and diverge from the equivalent provisions of the UK-EU Withdrawal Agreement.
Continue reading “The EEA EFTA Separation Agreement and citizens’ rights”
In this blog post, Clíodhna Kelleher of Monckton Chambers discusses the case of C-479/21 PPU Governor of Cloverhill Prison and ors , in which the CJEU discusses the interpretation of the Trade and Cooperation Agreement and the European Arrest Warrant provisions in the Withdrawal Agreement.
Continue reading “CJEU judgment on the competence of the EU to enter withdrawal and future relationship agreements”