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Author: EU Law Analysis Blog

Annotation of the proposed Withdrawal Agreement, version 2: The Empire 2.0 Strikes Back?

Professor Steve Peers, University of Essex Earlier today, the UK government tabled its responseto the EU Commission’s proposed text of part of the Brexit withdrawal agreement. This blog post updates my first version of the ‘running commentary’ on the draft text of the agreement as it develops, to take account of the UK’s position. To summarise the points I made in the first version: a) ultimately the withdrawal agreement (if it is successfully negotiated and comes into force) will be the key legal text governing the Brexit process as such; b) however, there will be post-Brexit treaties governing the...

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Lions or Unicorns? Theresa May and Boris Johnson’s speeches on the UK’s future relationship with the EU

Professor Steve Peers, University of Essex Last week’s speeches on the UK’s future relationship with the EU by Theresa May and Boris Johnson give us an opportunity to compare the tone, demeanour and content of these two senior politicians. May’s tone was that of a head girl, while Johnson’s was that of a giggling schoolboy. Her demeanour was that of a village headmistress straightening the buntings at a school fair; his resembled a colonial governor who couldn’t even be bothered to build a railway. And as for content, she argued articulately for the UK to stay close to the...

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The Running Commentary Begins: Annotation of the proposed Withdrawal Agreement

Professor Steve Peers, University of Essex Yesterday, the EU Commission for the first time proposed the text of part of the Brexit withdrawal agreement. From the legal point of view, ultimately the withdrawal agreement (if it is successfully negotiated and comes into force) will be the key legal text governing the Brexit process as such (there will be post-Brexit treaties governing the future relationship between the EU and the UK). Due to its importance, I will provide what the UK’s Prime Minister once disdainfully referred to as a ‘running commentary’ on the draft text of the agreement as it develops. Several caveats apply, however. First of all, this is a partial text, comprising the part of the treaty on the transitional period (which the UK government would prefer to call the ‘implementation period’) and some (probably not all) of the part on common provisions. So this is the first of perhaps many instalments of the commentary: there’s a lot of running ahead. The Articles in the final withdrawal agreement will be numbered properly, but I have used the Commission’s provisional numbering (where it suggested numbers) for now. Secondly, this text has yet to be agreed with the other party to the talks (the UK), which has indicated its disagreement with at least some parts of this proposal. Thirdly, to some extent this text is not even the EU27’s position,...

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What’s next for acquired rights of EU27 and UK citizens? Anticipating the draft Brexit withdrawal agreement

Professor Steve Peers, University of Essex* *Text based on my presentation to the European Parliament, 1 February 2018 While attention during the Brexit talks has been focussed on the two sides’ negotiation positions, and on the measure of agreement reached so far (notably the December joint report, discussed further here), in the long term the most important text on EU and UK citizens’ acquired rights after Brexit will be the withdrawal agreement itself – assuming it is agreed and ratified. Once a draft withdrawal agreement is produced (which is reportedly likely soon) we can offer a ‘running commentary’ on...

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Data Retention is still here to stay, for now…

Matthew White, Ph.D candidate, Sheffield Hallam University. Introduction On 30 January 2018, human rights NGO Liberty tweeted that the: Court of Appeal has ruled the Government IS breaking the law by collecting the nation’s internet activity and phone records and letting public bodies grant themselves access with no suspicion of serious crime and no independent sign-off. This was in reference to the Court of Appeal’s (CoA) judgment in Tom Watson and Others v Secretary of State for the Home Department [2018] EWCA Civ 70 with regards to access to communications data under the Data Retention and Investigatory Power Act...

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Towards a European Monetary Fund: Comments on the Commission’s Proposal

Michael Ioannidis, Senior research fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg. On 6 December, the European Commission presented a package of proposals on the further integration of the Eurozone. This was the first effort of European institutions to put on paper the rules that could shape post-crisis EMU, an issue that took centre stage in European politics after Macron’s election in France and will probably receive a new impetus after the formation of the new government in Germany. The most important part in Commission’s package is the proposal to bring the European Stability Mechanism...

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Does EU law protect gig economy workers? Tensions in the CJEU’s case law

Dr Maria Tzanakopoulou, Teaching Fellow, King’s College London and University College London BACKGROUND The gig economy is on the rise precipitating much discussion about working conditions –from working time to remuneration and from maternity and paternity protection to the all important classification of individuals working in the gig economy pool (see, eg, hereand here). The case of Kingmarks the debut of CJEU judgments related to the regulation of business conduct and worker’s rights in the gig economy. Here, the CJEU upholds the right of a self-employed worker to indeterminately carry over entitlements deriving from unexercised paid leave, while it...

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Phase 2 of the Brexit talks: annotation of the EU27 negotiation position

Professor Steve Peers, University of Essex On Monday 29th January, the EU Council is due to adopt its negotiating directives relating to the second phase of Brexit talks, mainly concerning a transition period after Brexit Day when substantive EU law will still apply to the UK.  The apparently final version of those negotiating directives has been leaked, and so I have taken the opportunity to annotate them in detail. I will amend this blog post if it turns out that the leaked draft is further amended when it becomes final. The EU27 position still has to be agreed with...

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