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”
In this blog post, Hugh Whelan of Monckton Chambers discusses the recent case of Case C-692/20 Commission v UK (Fiscal marking of gas oil) (ECLI:EU:C:2023:707)(“Fiscal marking of gas oil”) in which the Court of Justice ordered the UK to pay a penalty of €32 million for having failed to implement necessary measures to comply with EU law before the relevant deadline.
Continue reading “The long tail of the CJEU’s penal powers to fine the UK post Brexit”
In this post, George Peretz Q.C. of Monckton Chambers discusses the Northern Ireland Protocol Bill. The Ireland/Northern Ireland Protocol was at the heart of the Withdrawal Agreement negotiated with the EU in 2019 and was, as required by that agreement, incorporated into UK law. It has important tax implications, especially in the areas of VAT,
customs duties and state aid. The Northern Ireland Protocol Bill would remove most of the Protocol from UK law, despite the UK’s treaty obligation. The government claims that the principle of ‘necessity’ gives a legal basis for that action in international law, but its argument is unconvincing. The Bill is likely to run into considerable opposition in Parliament, especially in the House of Lords. And if passed it would threaten a trade war with the EU with major implications.
In this post, Tasneem Ghazi of King’s College London summarises the findings of a report commissioned by the Equality Commission for Northern Ireland on adhering to Article 2 of the Northern Ireland Protocol. The Report also includes a literature review on parliamentary scrutiny in Westminster more generally.
Continue reading “A Dedicated Mechanism Enforcing Article 2 of the Northern Ireland Protocol”
In this post, George Peretz Q.C. analyses the domestic law constraints on triggering Article 16 of the Ireland/Northern Ireland Protocol.
Continue reading “What are the domestic law constraints on triggering Article 16 of the Protocol?”