All EU-UK relationship articles
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News
Consultation on proposed directive on corporate sustainability due diligence
On 23 February, the Commission has published its proposed directive to encourage sustainable and responsible corporate behaviour and to apply human rights and environmental considerations in companies’ activities and corporate governance. Those interested can feedback their views to the Commission until 23 May 2022. UK businesses are likely to be ...
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Human Rights Act reforms and the UK’s relationship with the European Court of Human Rights by Hazel Blake
As the deadline (8 March) for the Ministry of Justice’s consultation on reforms to the Human Rights Act (HRA) draws closer, the Law Society is busy preparing its analysis of the proposals. The breadth and weight of the proposals make it clear that Dominic Raab is serious about his intention ...
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EU and UK Parliaments announce their delegation members to the EU-UK Parliamentary Partnership Assembly
The EU and UK Parliaments announced their delegation members to the EU-UK Parliamentary Partnership Assembly (PPA). The PPA is set up under Article 11 of the EU-UK Trade and Cooperation Agreement (TCA). It is composed of 70 representatives from the UK and EU Parliaments. Its role is to provide a ...
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What are the consequences of divergence from EU law post-Brexit?
Following Lord Frost’s speeches over the last few months of 2021 where he argued that Brexit can’t be successful without divergence from EU legislation, this article looks at some of the potential consequences increased divergence could have on a number of areas.
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Why the EU’s block on the UK’s accession to the Lugano Convention harms human rights by Daniel Leader
Daniel Leader, Barrister and Partner at Leigh Day, discusses the EU’s position on the UK’s proposed accession to the Lugano Convention, the importance of the convention in holding UK businesses accountable for human rights abuses committed abroad, and the problems with the current applicable jurisdiction rules, in the absence of ...
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New EU-UK Parliamentary Partnership Assembly
On 5 October 2021, the European Parliament voted overwhelmingly (686 votes in favour, 2 against, 4 abstentions) in favour of setting up the European Parliament’s new standing delegation to the EU-UK Parliamentary Partnership Assembly. This article provides further detail on the progress of setting up this Assembly on both sides ...
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Commission adopts UK data adequacy decisions
On 28 June, the European Commission adopted two UK data adequacy decisions (one under the General Data Protection Regulation, GDPR, and another under the Law Enforcement Directive, LED). This means that data flows between the EU and the UK can continue without the need to adopt additional safeguards.
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Intelligence sharing and legal cooperation in the aftermath of the UK-EU TCA deal By Stefania Paladini and Ignazio Castellucci
A few months in the post-Brexit world, with the EU-UK Trade and Cooperation Agreement (TCA) now signed and ratified by the EU Parliament, the question about what is going to happen in terms of intelligence sharing, and more in general in legal cooperation between the EU and the UK, has ...
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Surrender Provisions – Refusal to Surrender under the EU-UK TCA
Following the EU-UK Trade and Cooperation Agreement (TCA) there have been potential issues raised surrounding effective law enforcement cooperation, in relation to the lack of European Arrest Warrants and loss of information provided by SIS II. However, what is also a main concern is the ability of EU Member States ...
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Alternative Dispute Resolution in the EU-UK Trade and Cooperation Agreement
This article analyses the provisions in the UK-EU Trade and Cooperation Agreement that cover alternative dispute-resolution procedures and the requirements applicable to solicitors practising in this field.
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New EU-UK Relationship – rights of audience in front of courts at EU level
This analysis article examines the rights of audience held by UK-qualified solicitors enabling representation before the European Union level Courts. The article looks at the role of the European Union level Courts in determining pending cases concerning the UK in addition to looking ahead at the potential cases concerning infringements ...
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UK Government Guidance on the EU-UK TCA
Following the end of the UK-EU transition period and the finalisation of the Trade and Cooperation Agreement (TCA) new rules apply to those travelling and doing business in the European Union. To help travellers and businesses, the UK government has created a Brexit checker tool which provides tailored guidance to ...
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European Commission Guidance on the UK-EU relationship
Following the UK’s withdrawal from the Single Market, Customs Union, and during the negotiation process the European Commission has provided guidance to assist those working, living or travelling to the European Union. Following the conclusion of the Trade and Cooperation Agreement, the guidance has been updated and now provides greater ...
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Guidance on the UK-EU Trade and Cooperation Agreement (TCA)
The UK-EU transition period ended on 31 December 2020 and the UK has now left the single market. Following the conclusion of the UK-EU Trade and Cooperation Agreement (TCA), the legislation covering legal services, establishment and some specific practice areas has changed. The Law Society of England and Wales has ...
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EU-UK Trade and Cooperation Agreement - first reactions from the Law Societies
The EU-UK Trade and Cooperation Agreement (TCA) was agreed on 24 December 2020. It was adopted by the European Council and the UK Parliament and is now awaiting the adoption by the European Parliament. Our colleagues in the UK prepared their initial analyses of the agreement.
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Intellectual Property and the TCA
Michael Hawkins, member of Law Society of England and Wales’ IP Committee, discusses the provisions on intellectual property in the EU-UK TCA.
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Parliamentary scrutiny of the EU-UK agreement: committee discussions heading towards ratification
On 24 December 2020, the UK and EU reached an agreement on the Trade and Co-Operation Agreement (TCA) setting out their future relationship. This has now been provisionally applied by both parties from 1 January 2021. The provisional application is scheduled to remain in effect until 28 February 2021 or ...
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A gift-box with disappointing contents by Jonathan Goldsmith
The EU-UK Trade and Cooperation Agreement (TCA) – the Brexit free trade agreement, finalised just before Christmas 2020 – gives a shiny gift-box to lawyers. But, on opening it, we find that the size and wrapping have deceived us as to what is inside.
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UK-EU FTA Negotiations: talks continue but progress is limited
Despite initial timeframes earmarking October as the latest date by which a deal could be agreed, UK-EU negotiations are continuing with Christmas now almost upon us. The latest ‘deadline’ was Sunday 13 December, but both sides have agreed to continue talking, raising hope that a deal can still be reached ...
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Implications for the profession of a no-deal Brexit
Rebecca Goshawk, Public Affairs Manager at the Law Society of England and Wales, provides updated analysis of the consequences and potential costs of a no deal Brexit for both the profession in England and Wales and its clients. Solicitors in the EU and European lawyers in the UK are ...