tag:blogger.com,1999:blog-8704899696538705849.post6503000488065393012..comments2024-03-29T04:53:16.437-07:00Comments on EU Law Analysis: As Bad as it Gets: the White Paper on BrexitSteve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger23125tag:blogger.com,1999:blog-8704899696538705849.post-50584306629508103772022-10-11T02:25:01.963-07:002022-10-11T02:25:01.963-07:00This comment has been removed by a blog administrator.SinghSolicitorshttps://www.blogger.com/profile/05260162627922029210noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-35737529888570335802022-10-11T02:24:53.986-07:002022-10-11T02:24:53.986-07:00This comment has been removed by a blog administrator.SinghSolicitorshttps://www.blogger.com/profile/05260162627922029210noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-87525852966849050782017-02-06T09:34:36.248-08:002017-02-06T09:34:36.248-08:00Indeed - although to be fully accurate, the Europe...Indeed - although to be fully accurate, the European Space Agency is not an EU body. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-9197590006120852622017-02-06T09:12:43.952-08:002017-02-06T09:12:43.952-08:00If you turn to the section on Higher Education, it...If you turn to the section on Higher Education, it contains some of the strongest arguments in favour of remaining in the EU: e.g. 10.12 "One of the UK's key strengths is in international collaboration", and in 10.13<br />10 .13<br />"The UK has a proud history of leading and supporting cutting-edge research and innovation within the EU. We are an active participant in Horizon 2020, the EU’s main funding instrument for collaboration on research and innovation. In addition, the UK has played a major part in developing the main EU space programmes, Galileo and Copernicus, which have supported the rapid growth of the UK space sector and contributed directly to our prosperity and security. The UK was a founding member of the European Space Agency, to which we recently committed €1.4 billion in cutting edge research and development over the next four years. The UK has also been a driving force behind European and international research on nuclear fusion."<br />It then lamely concludes: "As we exit the EU, we would welcome agreement to continue to collaborate with our European partners on major science, technology and research initiatives"<br />Meanwhile, those European scientists who are not already planning to leave the UK are feeling increasingly anxious about their futures. <br />Dorothy Bishophttps://www.blogger.com/profile/00981443081362703179noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-45089986834335563992017-02-06T08:02:01.034-08:002017-02-06T08:02:01.034-08:00The White Paper says explicitly that Regulations w...The White Paper says explicitly that Regulations will be converted into UK law, and implicitly that Directives will be. It's hard to know yet what actual substantive impact that will have, besides the absence of the possibility for UK courts to ask the ECJ questions.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-80172793058453619692017-02-06T07:34:43.648-08:002017-02-06T07:34:43.648-08:00Steve,
Can you enlarge a little on the consequenc...Steve, <br />Can you enlarge a little on the consequences of the GRB affecting directives but not regulations? I have a dim memory that all the really important bits about CRD/CRR are actually in the regulation, so would EU banks based in London face a sudden change in their regulatory status here (one that would naturally incline them to relocate more jobs back to home markets)?<br />Geoffrey Smithhttps://twitter.com/Geoffreytsmithnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-77947602010486685772017-02-05T10:16:49.327-08:002017-02-05T10:16:49.327-08:00Presumably that's one reason the government wi...Presumably that's one reason the government will likely propose in the Great Repeal Act that it can repeal most or all or EU law without Acts of Parliament. There will then be limited parliamentary power to control either the main deal or the standards which are lowered to implement it. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-32743903114286087592017-02-05T06:32:53.570-08:002017-02-05T06:32:53.570-08:00You're right. This document, filed by one of t...You're right. This document, filed by one of the parties in the Supreme Court, nicely explains the non-replicability in domestic law of many EU laws and rights. https://www.bindmans.com/uploads/files/documents/Article_50_written_case_4PM.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-33951702930616593442017-02-05T05:41:33.578-08:002017-02-05T05:41:33.578-08:00What will be interesting is what happens when our ...What will be interesting is what happens when our 'new trade deals' conflict with existing legislation passed into UK law by the 'Great Repeal Act'. For example, when we are forced to accept GM foods without labelling, growth hormones in beef, pork and lamb, and chicken whose salmonella infections have been 'remedied' by soaking in chlorine, will the trade deal be dependent on the repeal of the respective legislation after the GRA? Or will this be facilitated by some kind of sleight of hand by government? I doubt very much somehow that we will have much of a say on our loss of food safety regulations. Bertie Foxhttps://www.blogger.com/profile/05557635168455397912noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-45385366711669802862017-02-05T04:48:05.153-08:002017-02-05T04:48:05.153-08:00Some EU laws, like most employment laws and some a...Some EU laws, like most employment laws and some aspects of environmental laws, are about harmonising domestic laws, rather than cross-border links. They can easily be converted to UK law. But I agree, cross-border laws (like the laws on mutual recognition of civil and criminal judgments, for instance) can't work unless there is agreement with the EU to that effect.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-67589769235798600112017-02-05T00:26:29.607-08:002017-02-05T00:26:29.607-08:00I do not understand how the Great Repeal Bill can ...I do not understand how the Great Repeal Bill can replicate EU law into UK law. EU law contains mutual obligations between EU states. The UK can legislate to fulfil its obligations after Brexit, but cannot hope to enforce that EU member states continue to meet their previous obligations towards the UK. William Portalhttps://www.blogger.com/profile/08052707686098678421noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-12731796092879489332017-02-05T00:20:01.324-08:002017-02-05T00:20:01.324-08:00Thanks for this analysis. Especially sad that the ...Thanks for this analysis. Especially sad that the Govt. is using totally out of date statistics for their citizens in the EU.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-4485289611811521572017-02-04T05:19:08.772-08:002017-02-04T05:19:08.772-08:00I'm referring to any laws passed by the Westmi...I'm referring to any laws passed by the Westminster Parliament which apply to the entire UK - it seems reasonable and clear to refer to that category of law as 'UK law'. Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-13732613785593549192017-02-04T02:12:00.816-08:002017-02-04T02:12:00.816-08:00Good question. I assume the first draft texts will...Good question. I assume the first draft texts will be tabled at an early stage of the talks. I don't know whether the EU will table its own ones, or simply react to the UK drafts. UK citizens have to hope that civil servants have drafted something competent for the Brexit talks, rather than this empty tosh served up to the public.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-75537228290166127122017-02-03T16:20:06.757-08:002017-02-03T16:20:06.757-08:00What a great analysis - many thanks.
Question: A...What a great analysis - many thanks. <br /><br />Question: Around what time in the process do you reckon UK will actually have to put forward draft texts of their proposals? I would imagine at a fairly early stage once the process has been agreed, and that the ball will be 100% in UK's court. It worries me to see this white paper that has taken seven months to generate (even if only for internal government use there would have to be documented options, decisions and assessments to ensure agreement and direction) so completely lacking in substance - what can possibly be created at a reasonable quality in the next six months? EU27 will clear written content in order to discuss.Anonymoushttps://www.blogger.com/profile/05016062762185642079noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-59177792545886585472017-02-03T12:35:50.679-08:002017-02-03T12:35:50.679-08:00Thank you Steve for the great analysis from a lawy...Thank you Steve for the great analysis from a lawyer's view.<br />I particularly like the annual holiday of 14 weeks.<br />The content was stitched together in the early hours of the morning. How can anyone take May's government seriously.<br />Thank you again.<br />BarbaraAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-39904113161500423652017-02-03T09:25:11.238-08:002017-02-03T09:25:11.238-08:00What is this "UK Law" spoken about? As f...What is this "UK Law" spoken about? As far as I am aware, in the UK, we have English Law and the entirely separate Scots Law.<br /><br />There are, I understand, mechanisms in place whereby English Law and Scots Law may be co-ordinated and equalised, but, "UK Law" - not sure about that.Socrates MacSporranhttps://www.blogger.com/profile/03012296012115774138noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-60246611984649599672017-02-03T09:03:48.261-08:002017-02-03T09:03:48.261-08:00Thank you for the comprehensive coverage and analy...Thank you for the comprehensive coverage and analysis. One murmur, the implications of the UK/Irish Republic/Northern Ireland issues does not really take account of how to deal with movements between the other 26 (or more?) Member States travelling in to the Republic and onward.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-2470249682073221792017-02-03T08:28:08.352-08:002017-02-03T08:28:08.352-08:00There could be a mechanism; as I say the White Pap...There could be a mechanism; as I say the White Paper avoids the issue. Most Regulations aren't about EU funding. For those which are I assume the government will just repeal them from the statute book (I don't see a case for an Act of Parliament re those laws) or, if a transitional deal keeps UK participation until 2020 (the end of the current EU budget cycle), the Regulations can stay on until then. They will expire then anyway, so the issue takes care of itself.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-57524586555144483672017-02-03T08:08:15.757-08:002017-02-03T08:08:15.757-08:00Simple question. If we have a great repeal bill th...Simple question. If we have a great repeal bill that enshrines EU regulations in our law, is there a mechanism for these to be kept synchronised, in the vent they are changed at the EU level.. If there is not then these can become obsolete almost as soon as the vote is taken to approve the bill.. Also if those regulations include a financial element, either the direct funding by the EU, again how can this be enacted ito our law if we are not in the EU? Can you explain?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-88156353606985170602017-02-03T07:08:02.777-08:002017-02-03T07:08:02.777-08:00Excellent and (IMHO) scarily accurate. Much apprec...Excellent and (IMHO) scarily accurate. Much appreciated. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-36770782746988594272017-02-03T06:43:18.623-08:002017-02-03T06:43:18.623-08:00Thanks for this accurate analysis. It's just a...Thanks for this accurate analysis. It's just a "white" paper and means nothing like :Brexit means Brexit.I remember Farage saying that he wouldn't have accepted a 48/52 result in favour of Remain. Anyway what worries me is that the Government seem not to care about EU citizens living in the UK and how they feel. There are also old people whose health is affected by uncertainty. Kind Regards. LauraAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-33422956226925798102017-02-03T06:25:21.245-08:002017-02-03T06:25:21.245-08:00Excellent analysis!Excellent analysis!Anonymousnoreply@blogger.com